§ 4303. Rulemaking

(a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to establish minimum standards for the safe and sanitary operation of food or lodging establishments or children's camps or any combination thereof and for their administration and enforcement. The rules shall require that an establishment be constructed, maintained, and operated with strict regard for the health of the employees and the public 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 that 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 water supply, heating, lighting, ventilation, drainage, sewage disposal, and plumbing.

(6) There shall be proper operation and maintenance of pools, recreation water facilities, spas, and related facilities within lodging establishments.

(7) The Commissioner may adopt any other minimum conditions deemed necessary for the operation and maintenance of a food or lodging establishment in a safe and sanitary manner.

(b)(1) The rules adopted by the Commissioner shall provide that a service member or veteran who is designated by the U.S. Armed Forces as a 92G Culinary Specialist or equivalent and is certified as a culinarian by the American Culinary Federation shall be deemed to:

(A) have knowledge of the prevention of food-borne disease;

(B) be able to apply the Hazard Analysis Critical Control Point principles; and

(C) have met the criteria for "demonstration of knowledge" requirements set forth by the Department of Health in rule for the purposes of obtaining a food establishment license.

(2) As used in this subsection:

(A) "Service member" means an individual who is an active member of:

(i) the U.S. Armed Forces;

(ii) a reserve component of the U.S. Armed Forces;

(iii) the U.S. Coast Guard; or

(iv) the National Guard of any state.

(B) "Veteran" means a former service member who received an honorable discharge or a general discharge under honorable conditions from active duty not more than two years prior to submitting an application for a food establishment license under this chapter. (Amended 2017, No. 76, § 5; 2017, No. 119 (Adj. Sess.), § 7.)