Fremont Municipal Code Art. IV Specific Standards

Every food establishment shall comply with the following specific standards of sanitation, health and hygiene (listed under topic headings for convenience of reference), except if by reason of the nature of any particular food establishment any such standard is not applicable:

(a) Food Protection.

(1) Food, drink, and ice that is used with, in or as a food or drink shall be stored, displayed and served in a manner that will allow it to be reasonably free from dust, dirt, flies, vermin, and other possible contamination including but not limited to backflow, condensation drip, seepage or sewage. Food containers, beverage containers, milk cartons, and other similar devices, shall not be stored directly in or upon such ice.

(2) Food shall be stored in tight, sound containers that are smooth and easily cleanable. The reuse of fruit and vegetable cans is prohibited.

(3) All market milk distributed in the city in the final package for human consumption shall be pasteurized.

(4) Frozen foods that have thawed shall not be refrozen.

(b) Utensils and Equipment.

(1) Stored containers shall be inverted or covered unless such is impractical or unnecessary in the judgment of the health officer. Spoons, knives, and forks shall be covered, inverted or otherwise stored to prevent handling the surface that comes in contact with food.

(2) Containers and utensils are not to be handled by the surface that comes in contact with food. Inside surface of glasses, cups or other containers shall not be handled. Single-service articles, such as cups, plates, and straws, which are packaged in sanitary cartons shall be stored in a clean, dry place until used; after removal from cartons, these items shall be handled in a sanitary manner.

(3) Drain racks, trays and shelves shall be of noncorrosive material and kept clean. Shelf covering shall adhere tightly to the surface. Paper on shelves is not acceptable.

(4) Tongs, forks, spoons, picks, spatulas, scoops and other suitable utensils shall be provided and shall be used by employees to reduce manual contact with food to a minimum. For self-service by customers, similar implements shall be provided.

(5) Glasses, dishes, drinking glasses or other utensils that are cracked, chipped, or damaged shall not be used, and may be confiscated or destroyed at any time when necessary in the opinion of the health officer to protect the public health and safety.

(6) Surfaces of all devices, utensils and other equipment which come into direct contact with food or drink must be smooth, easily cleanable, and noncorrosive.

(7) Rotating shafts of devices used to prepare food shall be sealed to prevent food from becoming lodged around the opening of the shaft and to prevent oil or other lubricants used on the shaft from coming into contact with the food.

(c) Cleaning and Sterilization.

(1) A measuring device and a chemical test device shall be provided where chemical sanitization of food handling devices, utensils and equipment is used.

(2) If sanitizing is performed by immersion in 180 degrees F water, a suitable thermometer shall be kept adjacent to the dishwashing operation for checking temperatures.

(3) In hand glass washing operations, a glass washing brush shall be provided and shall be immersed in water.

(4) Mops shall not be cleaned by washing in dishwashing or pot sinks.

(5) Burlap or towels shall not be used on drainboards.

(d) Floors and Walls.

(1) Floor-mounted equipment which is not readily movable shall be sealed to the floor or shall be installed on raised platforms of concrete or other smooth masonry in such a manner as to prevent liquids or debris from seeping or settling underneath, between, or behind such equipment. In spaces which are not fully open for cleaning and inspection, all such equipment shall be elevated at least six inches above the floor. The space between adjoining units and between a unit and the adjacent wall shall be closed unless exposed to seepage, in which event it shall be sealed or sufficient space shall be provided to facilitate easy cleaning between, behind, and beside all such equipment.

(2) In all rooms wherein food or beverages are prepared, processed or manufactured, and wherever in the opinion of the health officer floors impervious to water are necessary to maintain sanitary conditions, floors shall be constructed of cement, tile, wood covered with mastic, or other impervious material acceptable to the health officer, sloped to a floor drain properly connected to a sanitary sewer, and cove constructed, sealed, and easily cleaned. Top set coving shall not be acceptable.

(3) Sinks and drainboards shall have splash backs with a minimum of height of 10 inches and may be required to have a greater height if the health officer determines such is necessary to prevent excessive splashing of the walls.

(4) No person shall use or permit to be used any sawdust or similar material on the floor of any room of an establishment, except that in butcher shops clean sawdust may be used on floors in a cooler or behind a counter not accessible to the public.

(e) Toxic Materials. Cleaning materials and chemicals, such as lye, detergents and insecticides, shall be kept only on lower shelves, and never stored above food or on the same shelves or in the same compartment where food is stored. All such materials and chemicals shall be properly and conspicuously labeled.

(f) Toilets, Hand-Washing Facilities, and Dressing Rooms.

(1) Each restaurant kitchen, including the dishwashing and food preparation areas, in which five or more persons are employed at the same time, shall be equipped with a hand basin, hot and cold running water, hand soap and single-use hand towels.

(2) Hand-washing facilities with hot and cold running water shall be provided for employees within or adjacent to the toilet room. All new fixtures and replacements for old fixtures shall be mixing type faucets or outlets.

(3) All persons engaged in activities involving food handling, or handling surfaces of equipment which comes into contact with food, shall wash their hands immediately after visiting the restroom, handling waste containers, handling money, smoking or contacting any other unclean item prior to again returning to food or equipment handling activities.

(4) Toilets, including a hand basin with hot and cold running water and soap and single-use towels, must be conveniently located on the premises housing the food establishment, in no case more than 50 feet from the food preparation area. If a toilet room is not located in the same section and on the same floor of a building housing the food establishment, the toilet may be on the next floor above or below the food establishment; provided, that a hand basin with hot and cold running water and soap and single-use towels must be provided in the food preparation area.

(5) In food establishments where alcoholic beverages are sold for on-premises consumption, separate toilets and hand basins for each sex shall be provided for the use of its patrons.

(6) The toilet facilities intended for the use of the public shall be so situated that patrons may not pass through the food preparation rooms.

(7) There shall be provided in all establishments a room or enclosure, separated from toilets and food storage or preparation area, wherein employees may change and store outer garments; no person shall change or store clothes elsewhere in a food establishment.

(8) Toilet anterooms, when used for a locker room, shall have a minimum usable floor area of 18 square feet or not less than four square feet per employee locker per working shift. Separate locker rooms are required for exclusive employee use if the anterooms are for public use.

(9) Locker rooms shall be properly vented to the outside air and shall have a minimum of four foot-candles of light as measured 39 inches above the floor.

(10) Lockers are required for five or more employees working on any one shift.

(11) The management personnel of a food establishment shall be responsible to assure that all lockers are kept clean and orderly and well painted. Keys shall be made available upon demand to the health officer to open lockers for inspection.

(12) Containers shall be provided in the employees’ locker room or dressing room for soiled linens and clothing that is soiled, such as coats and aprons.

(g) Garbage and Waste Disposal.

(1) Garbage grinders which dispose of garbage into sanitary sewers or approved private sewage disposal systems are required in all establishments unless deemed unnecessary by the health officer. Such devices shall be kept in good repair.

(2) Every food establishment shall be provided with garbage and trash cans with flytight covers, made of metal or other approved material, for disposal of vegetable trimmings, food scraps and other refuse. A sufficient number of cans shall be available to prevent overloading, and tight fitting covers shall be kept in place at all times. Garbage and trash cans shall be maintained in a sanitary condition and in good repair. Garbage and trash cans placed outside of the food establishment shall be located on smooth, washable concrete or some other foundation approved by the health officer, and such outside refuse and waste collection areas shall be screened from adjacent properties and the public way.

(3) Where there is a regular accumulation of vegetable trimmings or other waste material subject to decomposition, a flytight screened room shall be constructed of screen wire of not less than 16 meshes to the inch. All such waste material shall be kept in said screened room until removal from the premises. Where such screened rooms are provided, the lower three feet of wall space shall be constructed of a smooth, washable material with floors coved to the wall. The floors and walls shall be maintained in good repair.

(4) Garbage and trash rooms shall not open directly into any room in which food or beverages are prepared or served. The floor shall be of concrete or equivalent, sloped to drain, with suitable floor drains connected to the sanitary sewage system. All garbage rooms shall be suitably covered so as to prevent storm water from entering the sanitary sewer. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4400.)