The Vermont Statutes Online

Title 18: Health

Chapter 85: FOOD ESTABLISHMENTS

 

Sub-Chapter 1: Food Establishments Generally

§ 4301. Food establishments; definitions

(a) As used in this subchapter:

(1) "Food" shall include all articles used for food, drink, confectionery, or condiment, by man, whether simple, mixed, or compound, and all substances and ingredients used in the preparation thereof.

(2) "Establishment" shall include all buildings, rooms, basements, cellars, lofts, or other premises or part thereof, used, occupied, or maintained for the purpose of manufacturing, preparing, packing, canning, bottling, keeping, storing, handling, serving, or distributing in any manner, food for sale.

(b) Nothing in this subchapter shall be construed to modify or affect laws or regulations of the agency of agriculture, food and markets. (Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)


§ 4302. General requirements

A person shall not manufacture, prepare, pack, can, bottle, keep, store, handle, serve, or distribute in any manner food for the purpose of sale, in an unclean, unsanitary, or unhealthful establishment or under unclean, unsanitary, or unhealthful conditions.


§ 4303. Special provisions

Subject to the provisions of this subchapter, an establishment shall be constructed, maintained, and operated with strict regard for the health of the employees and for the purity and wholesomeness of the food therein produced, kept, stored, handled, served, or distributed, so far as may be reasonable and necessary in the public interest and consistent with the character of the establishment, pursuant to the following general requirements:

(1) The entire establishment and its immediate appertaining premises, including the fixtures and furnishings, the machinery, apparatus, implements, utensils, receptacles, vehicles and other devices used in the production, keeping, storing, handling, serving, or distributing of the food, or the materials used in the food, shall be constructed, maintained, and operated in a clean, sanitary, and healthful manner;

(2) The food and the materials used in the food shall be protected from any foreign or injurious contamination which may render them unfit for human consumption;

(3) The clothing, habits, and conduct of the employees shall be conducive to and promote cleanliness, sanitation, and healthfulness;

(4) There shall be proper, suitable, and adequate toilets and lavatories, constructed, maintained, and operated in a clean, sanitary, and healthful manner;

(5) There shall be proper, suitable, and adequate light, ventilation, drainage, and plumbing.


§ 4304. Employees

An employer shall not require, permit, or suffer any person affected with any contagious, infectious, or other disease or physical ailment which may render such employment detrimental to the public health to work in such establishment, and a person so affected shall not work in any such establishment subject to the provisions of this subchapter.


§ 4305. Powers and duties of state board of health

The board may require a person proposing to work or working in an establishment subject to the provisions of this subchapter, to undergo a physical examination for the purpose of ascertaining whether such person is affected with any contagious, infectious, or other disease or physical ailment, which may render his or her employment detrimental to the public health. The examination shall be made at the time and pursuant to conditions which shall be prescribed by the board. A person who refuses to submit to such examination shall not work or be required, permitted, or suffered to work in any such establishment. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.)


§ 4306. Inspection

It shall be the duty of the board to enforce the provisions of this subchapter and of 6 V.S.A. § 3312(d), and it shall be permitted to inspect through its duly authorized officers, inspectors, agents, or assistants, at all reasonable times, an establishment subject to the provisions of this subchapter. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2007, No. 38, § 8a, eff. May 21, 2007.)


§ 4307. Hearing; orders

When it appears upon such inspection that any establishment is being maintained or operated in violation of the provisions of this subchapter, the board shall cause written notice thereof, together with an order commanding an abatement of such violation and a compliance with this subchapter within a reasonable period of time to be fixed in the order, to be served by a proper officer upon the person violating such provisions. Under such rules and regulations as may be prescribed by the board, a person upon whom such notice and order are served shall be given an opportunity to be heard and to show cause why such order should be vacated or amended. When, upon such hearing, it appears that the provisions of this subchapter have not been violated, the board shall immediately vacate such order, but without prejudice. When, however, it appears that such provisions have been violated and such person fails to comply with an order issued by the board under the provisions of this section, the board shall, forthwith, certify the facts to the proper prosecuting officer. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.)


§ 4308. Regulations

The board shall make uniform and necessary rules and regulations for carrying out the provisions of this subchapter. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.)


§ 4309. Penalty

A person who violates a provision of this subchapter or 6 V.S.A. § 3312(d), for which no other penalty is provided, shall be fined not more than $300.00 for the first offense and, for each subsequent offense, not more than $500.00. (Amended 2007, No. 38, § 8b, eff. May 21, 2007.)


§§ 4310, 4311. Repealed. 1977, No. 147 (Adj. Sess.).


 

Sub-Chapter 2: Licensing Food Establishments

§ 4351. License from department of health

(a) A person shall not operate or maintain a hotel, inn, restaurant, tourist camp, or any other place in which food is prepared and served, or lodgings provided or furnished to the transient traveling or vacationing public, or a seafood vending facility, unless he or she shall have first obtained and holds from the department a license authorizing such operation. The secretary may prescribe rules or conditions within which he or she may issue a temporary license for a period not to exceed 60 days. The license shall state the rules or conditions under which it is issued. However, nothing herein shall apply to any person who occasionally prepares and serves meals or provides occasional lodgings. The license shall be displayed in such a way as to be easily viewed by the patrons.

(b) For purposes of this section, "seafood vending facility" includes a store, motor vehicle, stand, or similar place from which a person sells seafood for consumption at another location. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1969, No. 242 (Adj. Sess.), eff. April 2, 1970; 1973, No. 98, § 7, eff. July 1, 1973; 1989, No. 103, § 1.)


§ 4352. Application

A person desiring to operate a place in which food is prepared and served or in which lodging is offered to the public shall apply to the board upon forms supplied by the board and shall pay a license fee as provided by section 4353 of this title. Upon receipt of such license fee and when satisfied that the premises are sanitary and healthful, the board shall issue a license to the applicant with respect to the premises described therein. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.)


§ 4353. Fees

(a) The following fees shall be paid annually to the board at the time of making the application according to the following schedules:

(1) Restaurant I - Seating capacity of 0 to 25; $85.00

II - Seating capacity of 26 to 50; $145.00

III - Seating capacity of 51 to 100; $245.00

IV - Seating capacity of 101 to 200; $305.00

V - Seating capacity of over 200; $390.00

VI - Home Caterer; $95.00

VII - Commercial Caterer; $200.00

VIII - Limited Operations; $95.00

IX - Fair Stand; $70.00; if operating for four or more

            days per year; $160.00

(2) Lodging I - Lodging capacity of 1 to 10; $80.00

II - Lodging capacity of 11 to 20; $135.00

III - Lodging capacity of 21 to 50; $200.00

IV - Lodging capacity of over 50; $340.00

(3) Food processor - a fee for any person or persons that process food for resale to restaurants, stores, or individuals according to the following schedule:

(A) - Gross receipts of $10,001.00 to $50,000.00; $115.00

(B) - Gross receipts of over $50,000.00; $155.00

(4) Seafood vending facility - $125.00, unless operating pursuant to another license issued by the department of health and generating less than $40,000.00  in seafood gross receipts annually. If generating more than $40,000.00 in seafood gross receipts annually, the fee is to be paid regardless of whether the facility is operating pursuant to another license issued by the department  of health.

(5) Shellfish reshippers and repackers -  $285.00.

(b) The commissioner of the department of health will be the final authority on definition of categories contained herein.

(c) All fees received by the board under this section shall be credited to a special fund and shall be available to the department to offset the cost of providing the services. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1975, No. 118, § 69, eff. April 30, 1975; 1985, No. 166 (Adj. Sess.), § 1; 1989, No. 103, § 2; 1995, No. 47, § 5, eff. April 20, 1995; 1997, No. 155 (Adj. Sess.), § 60, eff. July 1, 1999; 2001, No. 65, §§ 7, 7a, eff. July 1, 2002, 7b, eff. July 1, 2003; 2007, No. 76, § 12, eff. June 7, 2007; 2011, No. 128 (Adj. Sess.), § 5.)

 


§ 4354. Term of license

Licenses shall expire annually on a date established by the department and shall be renewable upon the payment of a new license fee. (Amended 1973, No. 98, § 8, eff. July 1, 1973; 1975, No. 118, § 70, eff. April 30, 1975.)


§ 4355. Regulations; reports

(a) The board may prescribe such rules and regulations as may be necessary to ensure the operation in a sanitary and healthful manner of places in which food is prepared and served to the public or in which lodgings are provided. All reports which such board may require shall be on forms prescribed by it.

(b) The board shall not adopt any rule requiring food establishments that operate less than six months of the year and provide outdoor seating for no more than 16 people to provide toilet facilities to patrons, and any such rule or portion thereof now in effect is repealed. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2003, No. 63, § 78, eff. June 11, 2003.)


§ 4356. Inspection, revocation

The members of the board and any person in its employ and by its direction, at reasonable times, may enter any place operated under the provisions of sections 4351-4355 of this title, so far as may be necessary in the discharge of its duties. Whenever upon such inspection it is found that the premises are not being conducted in accordance with the provisions of the above named sections or the regulations adopted in accordance therewith, such board shall notify the licensee of the conditions found and direct such changes as are necessary. If such licensee shall fail within a reasonable time to comply with such orders, rules, or regulations adopted under the provisions of such sections, the board shall revoke the license. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.)


§ 4357. Penalty

A person who violates any provision of this subchapter shall be fined not more than $500.00. (Amended 1973, No. 98, § 9, eff. July 1, 1973.)


§ 4358. Exemptions

The provisions of this subchapter shall apply only to such hotels, inns, restaurants, tourist camps, and other places as solicit the patronage of the public by advertising by means of signs, notices, placards, radio, or printed announcements.


 

Sub-Chapter 3: Serving Milk To Public

§ 4391. Milk to be served in original container

A person, firm, or corporation owning or operating a hotel, restaurant, store, lunch room, fountain, roadside booth or stand, or a boarding house which makes a practice of serving meals to transients, and who purchases milk for resale or to serve to his or her patrons shall not either directly or by an agent, servant, or employee sell or serve milk for drinking purposes to his or her patrons unless such milk is served or sold in the original bottle or like container in which the milk was delivered to such hotel, restaurant, store, lunch room, fountain, roadside lunch booth or stand, or boarding house.


§ 4392. Exceptions; dispensing devices

(a) The provisions of section 4391 of this title shall not be construed to prevent or prohibit a person, firm, or corporation from purchasing milk in bulk for uses other than for serving patrons for drinking purposes, nor to prevent the sale or serving of cream, skimmed milk, or buttermilk from bulk, if the same is pure and wholesome and is sold and served as cream, skimmed milk, or buttermilk, nor shall it prevent or prohibit the sale of milk in mixed drinks at soda fountains, or from original bulk containers equipped with a dispensing device, provided the owner of such device has notified the board and the agency of agriculture, food and markets of each device installed and its location, and has complied in all other respects with the rules and regulations of the secretary of agriculture, food and markets as hereinafter provided.

(b) Milk or chocolate milk dispensed from any such device shall be homogenized and pasteurized and flavored skimmed milk shall be pasteurized. The words "chocolate milk," as used herein, shall be construed to mean milk of a butterfat content of not less than 3.5 percent butterfat to which chocolate has been added and any flavored milk drink with a content of less than 3.5 percent butterfat shall be labeled "Flavored Drink" according to the flavor used. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)


§ 4393. Regulations

The secretary of agriculture, food and markets shall, subject to approval by the state board of health, make and adopt such rules and regulations as the secretary deems necessary relating to the construction, operation, and use of such dispensing devices. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2003, No. 42, § 2, eff. May 27, 2003.)


§ 4394. Penalty

A person, firm or corporation who violates a provision of section 4391 of this title shall be fined not more than $50.00.


 

Sub-Chapter 4: Bakeries

§ 4441. Bakery products; definition

For the purposes of this subchapter,

(1) The word "bakery" is defined as a building or part of a building wherein is carried on as a principal occupation the production of bread, cakes, pies, or other food products made either wholly or in part of flour and intended for sale.

(2) The word "person" shall extend and be applied to bodies corporate, and to partnerships and unincorporated associations.


§ 4442. Regulations and inspection by state board of health

The board shall promulgate and enforce rules and regulations as the public health may require in respect to the sanitary conditions of bakeries as defined herein. The board is hereby authorized to inspect any such bakery at all reasonable times through its duly appointed officers, inspectors, agents, or assistants. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.)


§ 4443. Sleeping rooms separate

The sleeping rooms for persons employed in a bakery shall be separated from the rooms where food products or any ingredient thereof are manufactured or stored.