Walpole Board of Health
Outdoor Temporary Food Service Operations
IN ACCORDANCE WITH THE AUTHORITY GRANTED BY THE GENERAL LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, CHAPTER 111, SECTION 31, THE BOARD OF HEALTH OF THE TOWN OF WALPOLE HEREBY ESTABLISHES THE FOLLOWING RULES AND REGULATIONS RELATIVE TO OUTDOOR TEMPORARY FOOD SERVICE OPERATIONS.
Section I – General
1) Because of the nature, location, and variety of conditions surrounding outdoor temporary food service operations at fairs, bake sales, picnics, and other transitory gatherings, it is frequently impossible to provide certain physical facilities required by Article X of the State Sanitary Code for permanent food service establishments. These conditions make it necessary to restrict the types of food sold and the methods by which foods are served, therefore, it is necessary to modify requirements for procedures and facilities otherwise outlined in Article X.
Section II – Regulations
1) All outdoor temporary food service operations must obtain proper permits to operate from the Walpole Board of Health, and other town departments as required. Each permit issued by the Board of Health is to be annotated showing the types of food products to be sold at the outdoor temporary food service operation.
2) The preparation of potentially hazardous foods such as cream filled pastries, custards and other similar products, meat, poultry, eggs, and fish in the form of salads and sandwiches shall be prohibited. Pork and pork products shall also be prohibited, provided that this restriction shall not apply to hot dogs and other foods (e.g. frozen hamburger patties) which, prior to service, requires only limited preparation such as seasoning and cooking (sausages allowed).
3) All other food and drink shall be clean and wholesome, free from spoilage, prepared so as to be safe for human consumption, and shall be stored, displayed, and served so as to be protected from flies,dust, vermin, and other contamination (i.e. individually wrapped, or properly covered).
4) All foods which require refrigeration shall be kept in containers or units capable of maintaining constant and proper temperatures. Frozen foods shall be kept at O F, or below, and perishable foods shall be kept at 45 F, or below. All foods in steam or warming trays shall be kept at 150 F or above.
5) Homemade food items such as pies, cakes, breads, cookies, etc. shall be prohibited unless they are properly identified and labeled. All homemade food items shall be marked “Homemade” and shall have a label containing the name of the item, the name and address of the person who prepared the item, and a list of the ingredients used in preparing the item. A numbered log may be used as a substitute.
6) All milk and milk products shall be properly labeled, dispensed, and refrigerated. All milk and milk products for drinking shall be served in or from the original container in which they were packaged.
7) Ice which is consumed, or which will come in contact with food or drink shall be obtained from an approved source in chipped, crushed, block, or cube form. All such ice shall be stored in containers in a safe and sanitary manner.
8) Wet storage of foods shall be prohibited.
9) All foods shall be dispensed in single service containers. Straws shall be individually wrapped. Condiments and spices shall be provided in individually wrapped portions or from adequately covered containers.
10) All people engaged in food preparation shall wear clean outer garments and shall keep their hands clean at all times while handling food, drinks, utensils or equipment. Smoking is prohibited in food service and preparation areas. Any person who is affected with a communicable disease or who is a carrier of such a disease shall be prohibited from preparing or serving food.
11) All food areas shall be kept clean and free from rubbish, debris, and other extraneous materials. All garbage and rubbish shall be kept in proper containers and covered with tight fitting lids. All garbage and rubbish shall be disposed of properly each day.
12) Convenient handwashing facilities must be provided and used. If such facilities are not available, alternate handwashing methods may be acceptable (e.g. “Wet Naps,” “Wet Ones,” etc).
13) Water for use in food service operations must be provided in a sanitary manner. Waste water must be disposed of properly, and not allowed to drain onto lot.
14) An on-site inspection may be made of each concession before approval to operate is given. Failure to meet Board of Health regulations will result in denial of a permit to operate or a continuation of right to operate.
15) Any additional requirement deemed essential by the Board of Health to protect public health based on the conditions observed in each operation must be met before a permit to operate is issued.
Adopted and approved on September 14, 1993.
Last updated 26 October 1998