HomeMy WebLinkAboutResolutions - 1964.09.21 - 20493September f:el, 1964
liES01,77,1:,,J 4351
RE: APPROVAL CF 7e,ee WILS AND REGULATIONS
FOR HEALTH DeJee27Y=
BY HEALTH COMMITTJE - Mr. Miller
70 THE OAKLAND COUNTY BOARD OF SIT7:1 11:SORS
Mr. Chairman, Ladies and Gentlemen:;
WHEREAS, your Health Committee has had- under consideration
certain food rules and regulations as drafted by the Oakland County
Health Department, which rules ane reletions govern the processing,
handling and sale of food in Oakland County; and
WHEREAS, these rules and regulations were presented to this
Board on June 22, 1964,- and objections having been made thereto; and
WHEREAS, this proposal was referred. back to the Committee for
further consideration and hearings and
WHEREAS, your Committee gave Notice to all interested persons to
attend a meeting and offer suggestions or corrections; and
WHEREAS, the meeting was held on July 15, 1964 and certain changes
were made in said rules and regulations; and
WHEREAS, this Committee feels that the public health, welfare and
safety of the people of this County and their best interests can be
served by approval of these rules and regulations by this Board and
immediate effect given to such rules and regulations as provided for by
Act 306 of the Public Acts of 1927, as amended;
NOW THEREFORE BE IT RESOLVED, that the Food Rules and Regulations
as adopted by the Oakland County Beard of Health on May 20, 1964, and as
altered and changed by the meeting of July 15, 1964, be approved by thia
Board and become effective immediately,in accordance with Act 306 of the
Public Acts of 1927, as amended.
MR. CHAIRMAN, on behalf of the Health Committee, I move the
adoption of tee foregoing resolution.
#4351
ncan
HEALTU COMMITTEE
_
Milfer4
a
FaYe
P-Z
Duane Hursfa - 7
Thomas C., They an B. Rhinevault
Moved by Miller supported by Case the resolution be adopted.
A sufficient majority having voted therefor, the resolution
was adopted.
OAKLAND COUNTY DEPARTMENT OF HEALTH
1200 NORTH TELEGRAPH ROAD
PONTIAC, MICHIGAN 48053
Telephone
FEderal 2-9255
June 2, 1964
Oakland County Board of Supervisors
Courthouse Auditorium
1200 North Telepranh Road
Pontiac, Michigan
Ladies and Gentlemen:
Enclosed please find a cony of the Rules and Regulations nertaining to Food-Uaniling
Establishments in Oakland Countv. It is the intent of these regulations to safe-
guard the health of the Public who may patronize any such food-handling establishment
in Oakland County, and further, to protect the nublic from any health nuisance or
health hazard conditions arising from the operation of such establishmnnts.
The standards used are primarily those recommended by the United States Public Health
Service with modifications to better meet the needs in Oakland County. There is
intended to be no conflict in areas where local communities have ordinances or where
fees for licenses are required, Rather we would strive for uniformity within the
County for certainly what is imnortant in a fool establishment located in one Part
of Oakland County is as imperative in another community a few miles away.
AS you are well aware, these rules and regulations are urgently needed for many areas
of our County. Many hours and much thought have gone into their preparation and
comnilation. Food-borne disease outbreaks in Oakland County have occurred too often.
Some have been noted in newsnaner headlines. These rules and regulations are
designed to hero eliminate such incideets.
Uniformity of requirements with gradual imnrovement of nresent establishments and
educational measures are the means for an effective food program. The rules and
regulations are the foundation on which these means can be implemented.
We are willing to assume, as we should, the responsibility of carrying out the
Program. We ask that you act favorably thereon.
Very truly yours
/ , ,4e2e
n7R!,TART) D. BERMAN, M.D., DIRECTOR
OAKLAND COUNTY DEPT. OF HEALTH
BDB:HAC:img
Enclosure
1200 N. Telegraph Rd.
Pontiac, Michigan
Tel: FErieral 2-9255
2401 E. Fourth St.
Royal Oak, Michigan
Tel: Lincoln 1-3100
OAKLAND COUNTY DEPARTMENT OF HEALTH
RULES AND REGULATIONS
RELATING TO FOOD ESTABLISHMENTS
OAKLAND COUNTY, MICHIGAN
There are hereby provided regulations to issue permits, to establish sani-
tary standards, and to control the sale, storage, processing, distribution,
display and serving of food in Oakland County, It is the intent of these regu-
lations to safeguard the health of the public who may patronize any such food—
handling establishment in Oakland County, and further, to protect the public
from any health nuisance or health hazard conditions arising from the operation
of such establishments,
Section I — PERMIT REQUIRED: It shall be unlawful to operate a food estab-
lishment or engage in the business of processing, handling, or storing foods in
the County of Oakland, State of alichigan, for wholesale distribution or engage
in the business of selling, handling, delivering, or serving foods at retail
for human consumption in the County of Oakland, Michigan, without having first
obtained a permit therefore, from the Oakland County Department of Health, ex-
cept as hereinafter provided.
Section II — APPLICATION FOR PERMIT: Any person desiring a permit under
this regulation shall make application in writing, on forms provided by the
Health Officer. Such application shall state the applicant's full name, resi-
dence, the address of the business proposed to be operated, and whether such
applicant is individual, firm or corporation. In the case of a partnership, it
shall state the full names and addresses of all partners, and in the case of a
corporation, it shall state the name and addresses of all officers, It shall
describe the nature of the business proposed to be operated, and furnish such
other information as may be required for the proper enforcement of this regu-
lation.
Section III — PERMIT FEE: The permit fee for all food establishments shall
be $10,00 and shall accompany the application. This fee is non—returnable.
Section IV — INVESTIGATION RT; All applications shall be received
The payment of such fee in no way relieves the applicant from the payment of
other license fees as may be assessed by the local unit of government.
by the Health Officer, who shall make or cause to be made, an investigation of
the premises whereon the applicant proposes to conduct a food establishment.
If, after such investigation, the Health Officer deems the premises to be sani-
tary and suitable for a food establishment, he shall favorably endorse such
application and issue the permit and transmit the same to the applicant. If
the Health Officer finds that the applicant is not maintaining a sanitary food
establishment, or is not furnishing clean, pure, healthy, wholesome and un-
adulterated food to his customers, or the premises where the applicant proposes
to conduct such establishment are unfit for that purpose, then the Health Offi-
cer shall endorse upon said application his findings, together with a state-
ment declaring why said applicant be denied a permit.
Section V — ISSUANCE OF PERLIITS AND lrINEWL OF YMIITS1 Upon receipt of a
favorable report, the Health Officer shall issue the permit. Upon an unfavor-
able report, the Health Officer shall deny the permit. The original permit
period shall run one year or less from date of issue. The procedure for the
renewal of permits ehall be the same as in the case of original issuance of
permits; each renewal permit shall be for one year; and a continuous compli-
ance with all of the provisions of this regulation shall be necessary in order
to entitle the applicant to a renewal of his permit.
Section VI — DISPLAY OF PERMIT; It shall he the duty of any person with a
permit issued under this regulation to keep his permit conspicuously displayed
where it is readily observable by the public. In the case of a business con-
ducted in a building, the permit shall be hung conspicuously upon a wall or in
some other conspicuous place in said building; in the case of any person opera-
ting a fooa establishment in a wagon, truck, or other vehicle, such person shall
keep such permit securely fastened to the interior of the vehicle so as to be
readily visible at all times,
Section VII — TRANSFM OF TREIT: All permits issued under the provision
of this regulation shall be limited to the person or persons and place for
which the permit was issued and shall be specific for the operation for which
the permit was issued and shall not be transferable or assignable.
Section VIII — APPAL: In the case of a denial of an application for a
permit under this regulation the applicant shall have the right to appeal to
the County Board of Health in writing within twenty (20) days. The County
Board of Health shall then, within a reasonable time but in no case more than
thirty (30) days thereafter, conduct a hearing on said appeal. After hearing
such evidence as may be presented on behalf of the applicant and on behalf of
the Health Officer, the County Board of Health may either affirm the denial of
permit, or direct that a permit be issued.
Section IX — 7XCEPTIONS: The following shall be exempt from payment or
permit fees but shall be subject to the provisions of these regulations and
interpretations of such rules and regulations as may be adopted by the Health
Officer?
1, Fraternal religious, and social organizations which sell food or furn-
ish prepared meals for suppers, bazaars, festivals, parties, or other
similar events for the purpose of raising money for charitable, reli-
gious, or philanthropic purposes shall be exempt from the payment of
permit fees, but shall secure permits and shall be subject to all other
provisions of this regulation.
2. The Oakland County Medical Care Facility, Tuberculosis Sanatorium,
Children's Home, Jail, Schools, Hospitals, Nursing Homes, and Homes
for the Aged shall be exempt from the payment of permit fees but shall
be subject to all other provisions of this regulation.
3. Sales by farmers and truck gardeners of products or: produce, spown.or
produced by such person, and sold on the premises where produced or
grown, shall be subject to all such provisions of this regulation felt
applicable by the Health Officer, except that no permit shall be re-
quired of such persons.
40 Delivery trucks or wagons used exclusively for the delivery of foods
purchased and properly wrapped at a duly licensed food establishment
shall be exempt from the permit provisions of this regulation but shall
be subject to all other applicable provisions of this regulation.
eection X — DITINITIONSs The following definitions shall apply in the
interpretation and enforcement of this regulations
1. ADULTERATED shall moan the condition of a food if it bears or contains
any poisonous or deleterious substance in a quantity which may render
it injurious to health; if it bears or contains any added poisonous or
deleterious substance for which no safe tolerance has been established
by regulation, or in excess of such tolerance if one has been estab-
lished; if it consists in whole or in part of any filthy, putrid, or
decomposed substance, or if it is otherwise unfit for human consumption;
if it has been processed, prepared, packed, or held uner insanitary
conditions, whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health; if it is in
whole or in part the product of a diseased animal or an animal which
has died otherwise than by slaughter; or if its container is composed
in whole or in part of any poisonous or deleterious substance which
may render the contents injurious to health.
2. APPROVED shall mean acceptable to the Health Officer based upon his
determination as to conformance with appropriate standards and good
public health practice.
3, CLOSED shall mean fitted together snugly leaving no openings large
enough to permit the entrance of vermin.
4, CORROSION RESISTANT MATERIAL shall mean a material which maintains its ---
original surface characteristics under prolonged influence of the food,
cleaning compounds, and sanitizing solution which may contact it.
5, EASILY CLEANABLE shall mean readily accessible and of such material and
finish, and so fabricated that residue may be completely removed by
normal cleaning methods.
6. EMPLOYEE shall mean any person working in a food service establishment
who transports food or food containers, who engages in food preparation
or food service, or who comes in contact with any food utensils or
equipment.
7. EQUIPMENT shall mean all stoves., ranges, hoods, meat blocks, tables,
counters, refrigerators, sinks, dishwashing machines, steam tables,
and similar items, other than utensils, used in the operation of a
food-service establishment.
8. FOOD shall mean any raw, cooked, or processed edible substances, bever-
age, or ingredients used or intended for use or for sale in whole or
In part for human consumption.
9, FOOD-CONTACT SURFACES shall mean those surfaces of equipment and uten-
sils with which food normally comes in contact, and those surfaces with
which food may come in contact and drain back onto surfaces normally in
contact with food,
10, FOOD-PROCESSING _ESTABLISHMENT shall mean a commercial establishment in •
which food or beverage is processed or otherwise prepared and packaged
for human consumption.
11. FOOD-SERVICE ESTABLISHMENT shall mean any fixed or mobile restaurant;
coffee shop; cafeteria; short-order cafe; luncheonette ; grill; tea
room; sandwich shop; soda fountain; tavern; bar; cocktail lounge;
6
night club; roadside stand; industrial feeding establishment; private,
public, or nonprofit organization or institution routinely serving
food; catering kitchen; commissary or similar place in which food or
drink prepared for sale or for service on the premises or elsewhere;
and any other eating or drinking establishment or operation either
stationary or mobile where food is served, processed or provided for the
public with or without charge,
12, FOOD MARKET — The term "food market" shall mean retail grocery, meat
market, poultry market, fish market, fresh fruit and vegetable market,
delicatessen, confectionery, candy kitchen, nut store, retail bakery
store, or any other establishment, whether fixed or movable, where
food, intended for human consumption off the premises, is manufactured,
produced, stored, prepared, handled, transported, sold or offered for
sale at retail,
13, EllALTH OFFICER shall mean the director of the Oakland County Department
of Health and/or his authorized representative or agent,
14, KITC.FLOWARE shall mean all multi—use utensils other than tableware used
in the storage, preparation, conveying, or serving of food,
15. MISBRANDED shall mean the presence of any written, printed, or graphic
matter, upon or accompanying food or containers of food, which is false
or misleading or which violates any applicable State or local labeling
requirements.
16, PERISHABLE FOOD, shall mean any food of such type or in such condition
as may spoil,
17. MRSON shall mean an individual, or a firm, partnership, company, corp-
oration, trustee, association, or any public or private entity,
18, POTENTIALLY HAZARDOUS FOOD shall mean any perishable food which consists
in whole or in part of milk or milk products, e#gs, ulett l poultry, fish,
shellfish, or other ingredients capable of supporting rapid and pro-
grossivo growth of infectious or toxigenic micro-organisms.
19. SAFE TEZIPERATUR7S as applied to potentially hazardous food shall mean
temperatures of 45 °F, or below and 140 °F. or above,
20, SANITIZE shall mean effective bactericidal treatment of clean surfaces
of equipment and utensils by a process which has been approved by the
health authority as being effective in destroying micro-organisms, in-
cluding pathogens,
21, SEALED shall mean free of cracks or other openings which permit the
entry or passage of moisture,
22, SINGLE SERVICE ARTICLES shall mean cups, containers, lids, or clo-
sures; plates, knives, forks, spoons, stirrers, paddles; straws, place
mats, napkins, doilies, wrapping material; and all similar articles
which are constructed wholly or in part from paper, paperboard, molded
pulp, foil, wood, plastic, synthetic, or other readily destructible
materials, and which are intended for one usage only, then to be dis-
carded,
23. TABLEWARE shall mean all multi-use eating and drinking utensils, in-
cluding flatware (knives, forks, and spoons).
24, TETAPORARY FOOD-SERVICE ESTABLISHLENT shall mean any food-service estab-
lishment which operates at a fixed location for a temporary period of
time, not to exceed two weeks, in connection with a fair, carnival
circus, public exhibition, or similar transitory gathering.
25, UTENSIL shall mean any tableware and kitchenware used in the storage,
preparation, conveyance, or serving of food,
26, 7H0LESOME shall mean in sound condition, clean, free from adulteration,
and otherwise suitable for use as human food,
27, FOOD ESTABLISHIJENT this term shall extend and be applied to food-
processing establishments, food service establishments and food markets.
Section XI - DISLIAS COITTROL: No person while affected with any disease in
a communicable form, or while a carrier of such disease, or while afflicted
with boils, infected wounds, sores, or an acute respiratory infection, shall
work in any area of a food-service establishment in any capacity in which there
is a likelihood of such person contaminating food or food-contact surfaces
with pathogenic organizms, or transmitting disease to other individuals; and
no person known or suspected of being affected with any such disease or oondi-
tion shall be employed in such an area or capacity. If the manager or person
in charge of the establishment has reason to suspect that any employee has
contracted any disease in a communicable form or has 'become a carrier of such
disease, he shall notify the Health Officer immediately.
Section XII - FOOD HANDLERS' PERIIITS: All persons engaged in handling ex--
posed food shall have unexpired food handlers' permits issued to them by the
Oakland County Department of Health. Such permits shall be kept on file at
the food establishment. The issuance of such permits shall be based upon uni-
formly sufficient medical evidence which, in the opinion of the Health Officer,
will insure insofar as is practicable freedom from a communicable disease or a
carrier state. The Health Officer may make such other reasonable requirements
for the issuance or renewal of such permits as he may deem necessary.
Section XIII - PROC 7DUR7 ENINFECTION SUSPECT7D: When a condition arises -
which indicates the possibility of transmission of infection from any food es-
tablishment employee, the Health Officer is authorized to require any or all of
the following measures:
A. The immediate exclusion of the employee from all food establishments.
B. The immediate closing of the food establishment concerned until no
further danger of disease outbreak exists in the opinion of the Health
Officer.
C. Adequate medical examination of the employee and of his associates and
such laboratory examinations as may be indicated,
Section XIV — PERSONAL CL7ANLINESS REQUIEM: All persons shall wear clean
and appropriate clothing, be clean about their person, and be hygienic in their
habits. Effective hair restraints shall be used by persons engaged in the
manufacturing, preparing, or serving of food and beverage. No employee shall
resume work after using the toilet room without first washing his hands with
soap ana warm water. No person shall expectorate in a food establishment. No
person shall use tobacco in any form in any area in which food is prepared or
act in any manner detrimental to the cleanliness and sanitation of the estab
lishment.
Section XV — CONSTRUCTION RECONSTRUCTION AND ALTERATION
IffENT It shall be unlawful for any person to remodel or alter any existing
building or portion thereof which is being used or is proposed for use as a
food establishment or to construct a new building which is to be used in whole
or in part as a food establishment without first having submitted duplicate
plans and specifications thereof, prepared by a registered architect or en-
gineer, to the Health Officer. Such plans shall be accompanied by such other
data as will completely describe the food establishment or the addition or
alteration proposed. If approved, one set of plans bearing such approval in
writing shall be returned to the applicant. If not approved, the manner in
which such plans do not meet the requirements of this ordinance shall be
marked on both sets of plans, and one set of plans shall be returned to the
applicant. Compliance with this regulation in no way relieves the individual
from complying with all other applicable state and local ordinances, regulation,
and codes relating thereto.
OF FOOD ESTABLISH—
Section XVI — TOILET FACILITIES: Every food—processing establishment, every
food market, every food service establishment, except duly licensed trucks or
10—
wagons, shall be provided with adequate and conveniently located toilet facili-
ties in the building or building complex conforming with pertinent local or-
dinances and the laws of the State of Eachigan. Toilet fixtures shall be of a
sanitary design and readily cleanable. All dressing rooms and toilet facili4
ties, including rooms and fixtures, shall be kept in a clean condition,
good repair, well lighted, free from flies and other insects, and ventilated to
the outside atmosphere. Toilet rooms shall be walled from ceiling to floor and
shall be provided with self-closing, tight-fitting doors. Floors and walls
shall be constructed of a smooth non-absorbent material. Every toilet room
shall be provided with sanitary toilet paper, easily cleanable receptacles for
waste materials, and such receptacles in toilet rooms for women shall be cov-
ered. Where toilet facilities are provided for use by the public, such facili-
ties shall be likewise constructed and maintained and further such facilities
shall be separated from the kitchen or other food preparation areas. All new
and remodeled establishments shall provide separate toilets for each sex.
Section XVII - LAVATORY R7QUIRTnr3TTS: Every food-processing establishment
every food market, and every food service establishment, except duly licensed
trucks or wagons in which prepackaged food is displayed for sale, shall be
provided with adequate, conveniently located handwashing facilities for its
employees, including a lavatory or lavatories equipped with hot and cold run-
ning water, soap, and. approved individual sanitary towels or other approved
hand-drying devices. Lavatories shall be located within all toilet rooms. In
all establishments lavatories shall also be located within the area where food
is being prepared.
Lavatories shall be adequate in size and number and shall be so located as
to permit convenient and expeditious use by all employees.
Lavatories shall be installed in accordance with applicable state and local
laws, ordinances, and regulations, or in the absence thereof, as approved by
the Health Officer.
-11-
Lavatory facilities shall be snarate from those sinks used for equipment
washing and shall be used exclusively for handwashing.
Section XVIII - DIMSSING ROOMS AND LOCKERS: Adequate facilities shall be
provided for the orderly storage of the employees' clothing and personal be,
longings. Where employees routinely change clothes within the establishment,
one or more dressing rooms or designated areas shall be provided for this pur-
pose. Such designated area shall be located outside of the food preparation,
storage, and serving areas, and the utensil-washing and storage areas and
toilet rooms: Provided, that when approved by the Health Officer, such an area
may be located in a storage room where only completely packaged food is stored.
Designated areas shall be equipped with adequate lockers, and lockers or other
suitable facilities shall be provided in dressing rooms. Dressing rooms and
lockers shall be kept neat and clean.
Section XIX - WATER SUPPLY: The water supply shall be adequate, safe, and
potable. Municipal water shall be used when available. When municipal water
is not available, the water supply shall be obtained from a well, which con-
forms to the Michigan Department of Health's "Regulations for Certain Water
Supplies in Michigan" a copy of which is on file with the county clerk. Hot
and cold running water, under pressure, shall be provided in all areas where
food is prepared, or equipment, utensils, or containers are washed.
Ice used for any purpose shall be made from water which comes from an
approved source and shall be used only if it has been manufactured, stored,
transported, handled, and dispensed in a sanitary manner.
Section XX - SEWAGE DISPOSAL; All sewage shall be disposed of in a muni-
cipal system, or, in the absence thereof, in a manner conforming to Article III
of the Oakland County Sanitary Code,
Section XXI - PLUDZING: Plumbing shall be so sized, installed in compli-
- 12 -
=co with applicable state or local codes and maintained as to carry adequate
quantities of water to required locations throughout the establishment; as to
prevent contamination of the water supply; as to properly convey sewage and
liquid wastes from the establishment to the sewerage or sewage disposal system;
and so that it does not constitute a source of contamination of food, equip-
ment, or utensils, or create an insanitary condition or nuisance,
Section aII- GARBAGE AND RUBBISH DISPOSAL: All stored garbage and rubbish
containing food soil shall be kept in leak-proof, non-absorbent, tightly cov-
ered containers. Provided, that such containers need not be covered when
stored in a special vermin-proof room or enclosure, or in a food waste refrig-
erator. All other rubbish shall be stored in containers, rooms, or areas in
an approved manner, The rooms, enclosures, areas, and containers used shall be
adequate for the storage of all food wastes and rubbish accumulating on the
premises. Adequate cleaning facilities shall be provided, and each container,
room, or area shall be thoroughly cleaned, after the emptying or removal of
garbage and rubbish. Food waste grinders, if used, shall be installed in com-
pliance with State and local standards and shall be of suitable construction.
All garbage and rubbish shall be disposed of with sufficient frequency and in
such a manner as to prevent a nuisance.
Section XXIII - FLOORS: The floor surfaces of all rooms and areas in
which food is stored or prepared and in which utensils are washed, and in walk-
in refrigerators, dressing or locker rooms, and toilet rooms, shall be of
smooth non-absorbent, grease resistant materials, with coved junctures and
so constructed as to be easily cleanable. All floors shall be kept clean and
in good repair, Floor drains shall be provided in all rooms where floors are
subjected to flooding-type cleaning or where normal operations release or dis-
charge water or other liquid waste on the floor, All areas where food is
served shall be kept clean and properly drained, and the floor surfaces in such
13-
areas shall be finished so as to facilitate maintenance, cleanability and
minimize dust.
Section XXIV - WALLS AND =LINGS: The walls and ceilings of all rooms .
shall be kept clean and in good repair. All walls of rooms or areas in which
food is prepared, or utensils or hands are washed, shall be durable, easily
cleanable, smooth, and light colored, and shall have washable surfaces.
Section XXV - DOORS AND WINDOWS: All doors, windows and screens shall be
kept clean and in good repair. All openings shall be effectively screened or
otherwise provided with other effective means to prevent the entrance of flies
and other insects. Screen doors if provided shall be so hanged as to open
outwardly and closed tightly by means of self-closing devises.
Section XXVI - VENTILATION: All rooms in which food is prepared or served
or utensils are washed, dressing or locker rooms, toilet rooms, and garbage
and rubbish storage areas shall be well ventilated. Ventilation hoods and
devices shall be designed to prevent negative atmospheric conditions and to
prevent grease or condensate from dripping into food or onto food-preparation
surfaces. Grease extraction systems shall be provided with grease filters and
shall be so designed as to be readily removable for cleaning or replacement.
Ventilation systems shall comply with applicable state and local fire preven-
tion requirements and shall, when vented to the outside air, discharge in such
manner as not to create a nuisance.
Section XXVII - LIGHTING: At least 20-foot candles of light reasonably
free from glare shall be required on all working surfaces and at least 10-foot
candles on all other surfaces and equipment, in food preparation, utensil-
washing and hand-washing areas, and toilet rooms. Sources of artificial light
shall be provided and used to the extent necessary to provide the required
amounts of light on these surfaces when in use and when being cleaned. At
-14—
'tn
least 5 foot-candles of light at a distance of 30 inches from the floor shall
be required in all other areas, including dining areas during cleaning opera-
tions.
Section XXVIII - SANITARY DESIGN4_CONSTRUCTION_t_ElagaLLAIION OF EQUIP...
NT .AND UTENSILS All equipment and utensils shall be so designed and of such
material and workmanship as to be smooth, easily cleanable, and durable, and
shall be in good repair; and the food contact surfaces of such equipment and
utensils shall, in addition, be easily accessible for cleaning, non-toxic,
corrosion-resistant and relatively non-absorbent.
All equipment shall be so installed and maintained as to facilitate the
cleaning thereof, and of all adjacent areas.
Equipment in use at the time of adoption of this regulation, which does
not meet fully the above requirements, may be continued in use if it is in good
repair, capable of being maintained in a sanitary condition, and the food con-
tact surfaces are non-toxic. All equipment installed on or after the effec-
tive date of this regulation for use in the cleansing and bactericidal treat-
ment of food services utensils and in the preparation, storing, handling or
serving of food or drink for consumers shall meet the National Sanitation
Foundation Standards and/or the construction standards of the Baking Industry
Sanitation Standards Committee.
toxic material.
Single service articles shall be made of non-
Section XXIX - CLEANLINESS OF EQUIPNENT AND UTENSTT,S: All eating and
drinking utensils shall be thoroughly cleaned and sanitized after each usage.
All kitchenware and food-contact surfaces of equipment, exclusive of cook-
ing surfaces of equipment, used in the preparation or serving of food or drink,
and all food-storage utensils, shall be thoroughly cleaned after each use.
Cooking surfaces of equipment shall be cleaned at least once a day. All uten-
sils and food-contact surfaces of equipment used in the preparation, service,
- 1 5 -
display, or storage of potentially hazardous food shall be thoroughly cleaned
and sanitized prior to such use, Non-food-contact surfaces of equipment shall
be cleaned at such intervals as to keep them in a clean and sanitary condition.
After cleaning and until use, all food-contact surfaces of equipment and
utensils shall be so stored and handled as to be protected from contamination.
All single-service articles shall be stored, handled, and dispensed in a
sanitary manner, and shall be used only once.
Food-service establishments which do not have adequate and effective fa-
cilities for cleaning and sanitizing utensils shall use single-service articles.
Section XXX - METHODS AND FACILITIES FOR WASHING AND SANITIZING:
A. Prior to washing, all equipment and utensils shall be preflushed or
prescraped and, when necessary, presoaked to remove gross food parti-
cles and soil.
B. Effective concentrations of a suitable detergent shall be used in both
manual and mechanical dishwashing.
C. Then manual dishwashing is employed, equipment and utensils shall be
thoroughly washed in a detergent solution, which is kept reasonably
clean, and then shall be rinsed free of such solution. All eating
and drinking utensils and, where required, the food-contact surfaces
of all other equipment and utensils shall be sanitized by one of the
following methods:
1, Immersion for at least one half minute in clean hot water main-
tained at a temperature of at least 170 °F.
2. Immersion for a period of at least one minute in a sanitizing solu-
tion containing:
a, At least 100 ppm of available chlorine but not less than 50 ppm
at a temperature not less than 75 °F.; or
b. At least 25 ppm of available iodine in a solution having a pH
not higher than 5.0 and a temperature of not less than 75 °F; or
-1 6-
c. Any other chemical-sanitizing agent which has been demonstra-
ted to the satisfaction of the Health Officer to be effective
and nontoxic under use conditions, and for which a suitable
field test is available in the establishment. Such sanitizing
agents, in use solutions, shall provide the equivalent bacteri-
cidal effect of a solution containing at least 100 ppm of
available chlorine at a temperature not less than 75 °F.
3. Equipment too large to treat by methods (a) and (b) above may be
treated:
a. With live steam from a hose, in the case of equipment in a
steam cabinet in which steam can be confined under pressure; or
b. By rinsing with or submersion in boiling water; or
c. By spraying or swabbing with a chemical sanitizing solution of
at least twice the minimum strength required for the particu-
lar sanitizing solution when used for immersion sanitization.
D. A three-compartment sink with flanking metal drainboards shall be pro-
vided and used wherever washing and sanitlzation of equipment or uten-
sils are conducted manually: Provided, that establishments where the
only utensils to be washed are limited to spatulas, tongs, and similar
devices, and when the only equipment to be cleaned is stationary and
does not require disassembly for proper cleaning, a one-compartment
sink may be approved by the Health Officer for this purpose. At least
a two-compartment sink shall be provided and used for washing kitchen-
ware and equipment which does not require sanitization. Single com-
partment utility sinks, such as cooksr and bakers' sinks, may be used
for the rinsing of utensils.
E. Sinks used for manual washing and sanitizing operations shall be of
adequate length, width, and depth to permit the complete immersion of
the equipment and utensils, and each compartment of such sinks shall be
-17-
supplied with hot and cold running water. Dish baskets shall be of
such design as to permit complete immersion of the utensils and equip-
ment components being sanitized therein.
F. When hot water is used as the sanitizing agent in manual operations,
thermometers, accurate to ± 2 °F., shall be provided convenient to the
sink to permit frequent checks of the water temperature.
G. Dish tables and drainboards, of adequate size for proper handling of
soiled utensils prior to washing and for cleaned utensils following
rinsing or sanitization, shall be provided, and shall be so located or
constructed as not to interfere with the proper use of the dishwashing
facilities g Provided, that drainboards shall not be required for
cooks' and bakers' rinse sinks.
H. Sinks, dish tables, and drainboards shall be constructed of stainless
steel metal or equivalent, suitably reinforced, of such thickness and
design as to resist denting and buckling, and sloped so as to be self-
draining. A quick drain must be provided and properly installed on
soiled dish table or soiled dish drainboard.
I. Dishwashing machines shall be of such materials and so designed and
constructed as to be easily cleanable, and shall be capable, when
operated properly, of rendering all surfaces of equipment and utensils
clean to sight and touch, and sanitized,
J. When spray-type dishwashing machines are used, the following additional
requirements shall be met:
1. Wash water shall be kept clean, and rinse-water tanks shall be so
protected by distance, baffles, or other effective means as to
minimize the entry of wash water into the rinse water.
2. The flow pressure shall be not less than 15 or more than 25 pounds
per square inch on the water line at the machine, and not less
than 10 pounds per square inch at the rinse nozzles. A suitable
gage cock shall be provided immediately upstream from the final
rinse sprays to permit checking the flow pressure of the final
rinse water,
3. The wash-water temperature shall be at least 140 0F. and in single
tank conveyor machines shall be at least 160 °F. When hot water is
relied upon for sanitization, the final or fresh rinse water shall
be at a temperature of at least 180°F. at the entrance of the
manifold. When a pumped rinse is provided, the water shall be
at a temperature of at least 170 0F. When chemicals are relied
upon for sanitization, they shall be of a class or type approved
by the Health Officer, 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. Conveyors in dishwashing machines Shall be accurately timed to
assure proper exposure times in wash and rinse cycles.
5. An easily readable thermometer shall be provided in each tank of
the dishwashing machine which will indicate to an accuracy of -± 2 °F.
the temperature of the water or solution therein. In addition, a
thermometer of equal accuracy shall be provided which will indi-
cate the temperature of the final rinse water as it enters the
manifold.
6. Jets, nozzles, and all other parts of each machine shall be main-
tained free of chemical deposits, debris, and other soil. Auto-
matic detergent dispensers, if used, shall be kept in proper opera-
ting condition.
K. Any other type of machine, device, or facilities and procedures may be
approved by the Health Officer for cleaning or sanitizing equipment and
utensils, if it can be readily established that such machine, device,
or facilities and procedures will routinely render equipment and
utensils clean to sight and touch, and provide effective bactericidal
treatment as demonstrated by an average plate count per utensil sur-
face examined, of not more than 100 colonies using the American Public
Health Association Standards and 7.7ethods therefor,
Section XXXI - STORING OF UTENSILS: After cleaning and until use, all food
contact surfaces of equipment and utensils shall be stored and handled so as to
be protected from contamination.
All single service articles shall be stored, handled, and dispensed in a
sanitary manner,
Other utensils such as spoons, spatulas, and non-mechanical dippers shall
be properly cleaned after use. Mechanical scoops used for dispensing frozen
desserts when not in use shall be kept in dipper wells with clean running
water,
Section XXXII - FOOD SUPPLIES: All foods shall be from sources approved
or considered satisfactory by the Health Officer and shall be clean, wholesome,
free from spoilage, free from adulteration, and mis-branding and safe for human
consumption, No home-canned foods shall be stored, used, or offered for sale
on the premises,
Section XXXIII - FOOD PROTECTION: All food while being stored, prepared,
displayed, served, offered for sale, or transported shall be protected from
contamination. All perishable food shall be stored at such temperatures as
will protect against spoilage. All potentially hazardous food shall be main-
tained at safe temperatures
ing necessary periods of preparation and service. Raw fruits and vegetables
shall be washed before use, Stuffings, poultry, stuffed meats and poultry, and
pork and pork products shall be thoroughly cooked before being served. Indivi-
dual portions of food, once served to the customer, shall not be served again:
Provided, that wrapped food other than potentially hazardous food, which has
(45 °F, or below, or 140°F, or above), except dur-
- 20-
not been unwrapped and which is wholesome may be re-served,
It shall be unlawful to store or expose for sale in open receptacles or
broken packages, vegetables, fruits or farm produce unless the same shall be
kept not less than eighteen (18") inches above the floor. All foods and bev-
erages stored or offered for sale shall be kept at least six (6") inches above
the floor and shall be kept within an enclosed building which complies with
the provisions of the local building code and which has been approved by the
Health Officer or his authorized representative.
Only such poisonous and toxic materials as are required to maintain sani-
tary conditions and for sanitization purposes may be used or stored on the
premises of all licensed establishments. Poisonous and toxic material shall
be identified, and shall be used and stored only in such manner and under such
condition as will not contaminate food or constitute a hazard to employees or
customers. The storage of sodium fluoride on the premises is prohibited.
Section XXXIV CONTROL: 7ffective measures shall be taken to pro-
tect against the entrance into the establishment and the breeding or presence
on the premises of vermin.
Section XXXV COND=ATION OF UNFIT FOODS: Samples of food and beverages
and other substances may be taken and examined by the Health Officer as often
as may be necessary for the detection of unwholesomeness, contamination, or
adulteration, It shall be the duty of the Health Officer to seize, condemn,
or exclude from sale, delivery or distribution in Oakland County any spoiled,
contaminated or adulterated food or any food, which in his opinion is unfit for
human consumption. It shall further be the duty of the Health Officer to cause
to be destroyed, to denature or remove from sale all food condemned as being
unfit for human consumption and issue a statement to the person in charge of
such food establishment, stating the reasons therefore.
-21 -
Section XXXVI - LABELING OF PACKAGED FOODS AND BEVERAGES: All packaged
foods and beverages shall bear the manufacturers name and address,
Section XXXVII HOUSEKEEPING: Al]. parts of the establishment and its
premises shall be kept neat, clean, and free of litter and rubbish. It shall
be unlawful to permit litter and ruttish resulting from the operation of the
establishment to become scattered onto adjacent areas.
Cleaning operation shall be conducted in such a manner as to minimize con-
tamination of food and food contact surfaces. None of the operations connected
with a licensed establishment shall be conducted in any room used as a living
or sleeping quarter. There shall be no direct connection between the living or
sleeping quarters and the food establishment, Soiled linens, coats, and aprons
shall be kept in suitable containers until removed for laundering. No live
birds or animals shall be allowed in any area used to conduct a food establish-
ment operation: Provided, that guide dogs accompanying blind persons may be
permitted in dining areas.
Section XXXVIII - INSPECTION: The power to enforce the provisions of this
regulation, shall be, and the same is, hereby vested in the Health Officer and
his authorized representatives and it shall be the duty of such persons to visit
and inspect at frequent intervals every place where food and beverages intended
for consumption by human beings are manufactured, kept, stored, prepared, or
offered for sale or other disposition,
Section XXXIX - COMPLIANCE WITH REGULATIONS: The Health Officer or his
authorized representative shall prepare a written report of his inspection of
each food-handling establishment, a copy of which report shall be given to the
owner of such business, to his authorized representative, or to the person in
charge of such establishment. Such a report will enumerate in a clear, under-
standable manner, the nature and extent of the violations or non-compliance
- 22 -
conditions, Existing establishments may be given a reasonable length of time
which to comply with all violations which do not require immediate action. In
the event of a change in ownership or in case of new establishments constructed
after the effective date of this regulation, compliance will be required with
all sections of this regulation pertinent and relating to the nature of such
proposed food-handling services.
Failure to comply with the corrections and/or improvements as listed on the
inspection report within a reasonable period of time as specified will result
in the citation of the offender for the violation of these rules and regula-
tions,
Section XXXX - RIGHT OF 7NTRY: The Health Officer and his authorized
representatives shall have full power at reasonable times to enter any build-
ing, room, basement, or vehicle occupied or used or which they have reason-
able cause to believe is being used for the production, preparation, storage,
sale, Or distribution of food or beverages, or for the purpose of inspecting
the premises and the utensils and equipment used therein and if, upon inspec-
tion, any food producing or distributing establishment, employee, employer,
clerk, driver or other person is found to be violating any provisions of this
regulation, or if the production, preparation, manufacturing, packing, storing,
sale, distribution, or transportation of any such food products is being con-
ducted in a manner detrimental to the health of the employees and operatives
or injurious to the quality of such food therein being produced, manufactured,
packed, stored, sold or distributed, the Health Officer making such examination
or inspection shall thereupon issue an order or rule to a person or persons in
authority or in charge of such place directing that the conditions be remedied
within such reasonable time as in his discretion he deems proper, and unless
such person, firm or corporation shall make such improvements as required by
such order within the time so limited, it shall be the duty of the Health
- 23 -
Officer to institute proceedings against the person for the violation of this
regulation. Provided, that should the insanitary condition found warrant such
action, the establishment may be immediately closed by the Health Officer mak-
ing the inspection, in which case he shall notify the person in charge of the
establishment at the time of inspection in writing, stating his reasons for
closing the place and a continuance to operate after receiving such a notice
shall constitute a violation of this regulation,
Section XXXXI - P7NALTY FOR VIOLATIONS: Any person who shall fail to cam-__
ply with any of the provisions of these rules and regulations shall be subject
to prosecution for a misdemeanor; and upon conviction thereof shall be pun-
ished by a fine not exceeding $100,00 or by imprisonment for a period not
exceeding 90 days, or by both such fine and imprisonment for each offense at
the discretion of the court,
Section XXXXII SEV7RANC7 OLAUS7: If any section, sentence, clause, or
phrase of this regulation is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this regulation, or the regulation as an entirety, it
being the legislative intent that this regulation shall stand notwithstanding
the invalidity of such section, sentence, clause or phrase,
Section XXXXIII - AUTHORITY: The rules and regulations are established
by the Oakland County Board of Health pursuant to Section 6 Act 306 of the
Public Acts of 1927 as amended,
"Section 6. The county or district board of health, or the health com
mittee of the board of supervisors, shall have and exercise the same powers
and perform the same duties of a board of health as conferred by law upon the
boards of health of townships, villages and cities, All rules and regulations
promulgated by any county or district board of health or the health committee
- 24 -
of boards of supervisors may be subject to review and approval or disapproval
by a majority vote of the full board of supervisors or, in the case of district
boards of health, the boards of supervisors affected, before the same shall
become effective,
The board or committee may fix and require the payment of fees for sani-
tation services authorized or required to be performed by the health depart-
ment, The board or boards of supervisors may revoke, enlarge or amend any
such fees schedule, The fees charged shall in no case exceed the actual cost
of performing the service by the department,"
Section XXXXIV - ETTTRPR7TATION: The Health Officer may make such de-
tailed interpretations and applications of the sections of the regulation as
are reasonable and consistent which will, in his judgment, facilitate effec-
tively the intent of the regulation and its several sections.
Service Sanitation Manual," 1962 edition, of the United States Department of
Health, Education, and Welfare, Public Health Service, shall be used as a
guide for interpretation, These interpretations will be kept on file in the
Health Department and a copy of the same will be provided the County Clerk,
The "Food
Telephone
FEderal 2-9255
August 27, 1964
1, Section IX - Subsection 3
OAKLAND COUNTY DEPARTMENT OF HEALTH
1200 NORTH TELEGRAPH ROAD
PONTIAC, MICHIGAN 48053
Oakland County Board of Supervisors
P•-.1iterium
1200 Tele;iee7h Road
Pontiac, Mietelee
1,adies and Gentleeeen
The Health ':e:ee Meetin., ef July 15, 1964, was, as you are aware, an open
meeting az e:r'e time ob =!ect.j.oes to the Rules and Regulations Relating to
Food Establiehments were heerd, The questions that were raised at the meeting
were satisfactorily answered and the following changes to these rules and
regulations were adepted and these will now reath
- Sales by farmer e ee.e_truck gardeners of products or produce, grown or
produced by such and sold on the premises where produced or grown
or at the Oakland (e -enty Farmer's Markets, shall be subject to all such
provisions of this reeellation felt applicable by the Health Officer, ex-
cept that no permit shall be required of such persons
2, Section XIX -
The water supply shall be .,d•q.elte., safe, and potable, The water supply
shall be obtained from a eeeeipal water supply or a well, which conforms
to the Michigan 7epartment of Health's "Regulations for Certain Water
Supplies in Michigan" a copy of which is on file with the county clerk,
All new establie'em•ets shall use a municipal supply when available, Hot
and cold rennin: water, under pressure, shall be provided in all areas
where food is prepared, or equipment, utensils, or containers are washed,
Ice esed for any purpose shall be made from water which comes from an
ET,..r oe and shall be used only if it has been manufactured, stored
tren eete-1 , handled, and dispensed in a sanitary manner.
3 0 Section XXV - Doors end 1qindewe
All doors, wind -.., and se en- shall be kept clean and in good repair, All
open',ngs shall be effectively screened or otherwise provided with other
effective means to -t the entrance of flies and other insects,
4, Section XXXII' -F.
All food while bein et d, ?ared, displayed, served, offered for sale,
or transported shall he proteeted from contamination, All perishable food
shall be stored at such temperatures as will protect against spoilage
Oakland County Board of Supervisors
Page 2
August 27, 1964
Al! potentially t..,.-1rdous food shall be ::..-.intained at safe t..E ,,:res
(5°F or below, 3r 140F, or above), during necessary ocfiods of
::'i. and service, Raw fruits and ,::„.;etables shall howshed before
Stuffings, poultry, stuffed meats d poultry, and and pork
pes‘Dd...ts shall be t7-7-ughly cooked before being served, Individual
p3rtns of f7od, served to the customer, shall not be served again;
Provided,' food other than potentially hazardous food, which
has not h - and which is wholesome may be re-served,
It shall be .-'averul to display or expose for sale in open receptacles or
broken 1-", fruits or farm produce unless the same shall
be kept - th, ( (18") inches above the floor, All foods
and be% -,-,.d 3' i for sale shall be kept off the floor and
shall be kept within an en .' ,ed building which complies with the provisions
of the local building code and which has been approved by the Health Officer
or his authorized representative, However, establishments existing at the
time of the adoption of these rules and regulations may be exempted from the
provon requirL%--, an enclosed building, when permitted by the local unit
of . lent,
Again, we ask that you act favorably upon these rules and regulations e
Very truly yours,
! BERNARD D, BERMAN, M,D0 0 DIRECTOR
OAKLAND COUNTY HEALTH DEPARTMENT
BDB/HAC/bkl