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Ordinances and Regulations Webpage | Public Health Division
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The Public Health Division is part of the Inspectional Services Department. If you have other questions about building, electrical gas and other health related issues, please visit the Inspectional Services Department website.

Requirement of a Registered Sanitarian for the design of Food Establishments

A. Statement of Purpose

Whereas:  CDC estimates that 76 million people get sick, more than 300,000 are hospitalized, and 5,000 Americans die each year from foodbome illness.

Whereas: Sanitarians administer environmental health programs for both public and private agencies and organizations in food protection and safety, water protection, air quality, noise, industrial and land pollution, sewage disposal, hazardous and toxic substances, solid waste management and institutional health.

Therefore:  Additional precautions must be undertaken to ensure the protection of public health through the sanitary and proper design of all new and remodeled food establishments.

B. Authority

This regulation is promulgated under the authority granted to the Lynn Board of Health under Massachusetts General Laws Chapter Ill, Section 31 that "boards of health may make reasonable health regulations."

C.   Definitions

For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this section:

(1) Board:  The Board of Health ofthe City ofLynn.

(2) Food Establishment:  An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.
This includes;
(i)        satellite or catered feeding location; catering operation if the operation provides food directly to the consumer or to a conveyance used to transport people, market, vending location, conveyance used to transport people, institution or food bank; and
(ii)        that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or deliver service that is provided by common carriers.

(3) Person:  Any individual, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment,  business, or restaurant or retail store, or the business agents or designees of any of the foregoing.

Sanitarian:  An individual, licensed by the Commonwealth of Massachusetts as a Registered Sanitarian as described in 255 CMR 2.000 through 5.000 and whose license is current and in good standing.

NEHA Certified Food Safety Professional (CP-FS):  An individual, certified by the National Environmental Health Association as a Food Safety Professional whose certification is current and in good standing.

D.  Approval of Plans

When a plan is required as designated in the 1999 FDA Food Code, Section 8-201.11, sub­ sections A through C, said plan shall be stamped and signed by a Registered Sanitarian or a NEHA Certified Food Safety Professional (CP-FS) and submitted to the Board for approval. The aforementioned stamp and signature shall attest to the proper and sanitary design of the
proposed food establishment and compliance with section 8-201.12, sub-sections A through F of the 1999 FDA Food Code.

E.  Enforcement:

Failure to submit plans that have been stamped and signed by a Sanitarian shall result in denial of approval of said plans.

F.  Variance

1.  The Board of Health may vary the application of any provision of any of these regulations with respect to any particular case when the Board of Health finds the enforcement thereof would do manifest injustice.

2.   Every request for a variance shall be made in writing to the Board of Health and shall state the specific variance sought and the reasons thereof.

3.   Any variance granted must be in writing with a copy available to the public at all reasonable hours in the office of the City Clerk and in the office of the Board of Health. Any variance granted must be posted on the premises in a prominent location for the duration that the variance is in effect.

G.  Severability

1.  If any section, paragraph, sentence, clause, phrase, or word of this regulation is declared invalid for any reason, that decision will not be applicable to the remaining portions of these regulations.

H.  Effective Date

This regulation shall take effect on August 1, 2014.

City of Lynn
Board of Health
3 City Hall Square
Lynn, MA 01901

Click here for the complete Ordinance.

 

Ice Cream Truck Vendor Regulations

The Department of Public Safety’s (“Department”) new ice cream truck vendor regulations, 520 CMR 15.00, will go into effect on February 15, 2013. The regulations implement G.L. c. 270, § 25, which was added by section 122 of chapter 256 of the Acts of 2010, and authorizes the Department to adopt regulations relative to the annual permitting of ice cream truck vendors.  The issuance of the permits and enforcement of the fines will be done at the local level.

Visit the Massachusetts Public Safety page for all the details.

Massachusetts Ban on Caffeine Added Drinks

The Massachusetts Alcoholic Beverages Control Commission today, November 18, 2010, filed an emergency regulation prohibiting the sale of alcoholic beverages that contain caffeine as an added ingredient. The regulation goes into effect immediately.

This means that alcoholic beverages that contain caffeine as an added ingredient, including Four Loko, must be removed from store shelves in Massachusetts today. The regulation follows a ruling yesterday by the U.S. Food and Drug Administration that alcoholic drinks that contain added caffeine pose a public health risk.

Click here for the complete press release.

Reminder Notice from the Board of Health
October 1, 2010 was the effective date of the new Food Allergy Awareness Regulation


In June 2010, the state Food Code was amended to comply with the Act Relative to Food Allergy Awareness in Restaurants which the Governor signed into law in January 2009. Copies of the new regulation and related documents are available on the MDPH/BEH Food Protection Program website.

To find this information:
(1) Go to the FFP website at http://www.mass.gov/dph/fpp
(2) Select “Food Allergen Awareness Regulation” link under “What’s New”
(3) See “Food Allergen Awareness Regulation” under “Special Operations”

These amendments to the Food Code became effective on October 1, 2010, and apply to all food establishments that cook, prepare, or serve food intended for immediate consumption either on or off the premises.

In order to meet these new requirements, food establishments must: Display a copy of a poster in the employee work area, and Place a notice to consumers on menus and menu boards. Poster in Employee Work Area - The 8.5” by 11” poster that must be displayed in the employee work area is available on line at http://www.foodallergy.org/page/restaurant-poster.

The “employee work area” is a conspicuous and accessible place where notices to employees are usually placed and easily read. See 105 CMR 590.009(G)(1) for more details about this requirement..
Notice to Consumers on Menus and Menu Boards - Menus and menu boards must include a notice which reads, “Before placing your order, please inform your server if a person in your party has a food allergy.” The notice must be displayed in a clear and conspicuous manner, and the notice on menu boards must meet the font size requirements discussed in 105 CMR 590.009(G)(2)(b).

Additional Requirements after February 1, 2011 – Certified food protection managers in effected establishments must obtain a certificate by 2/1/11 which shows that they have viewed the allergen awareness training video being developed by MDPH. Three vendors are approved by MDPH to issue these certificates in accordance with 105 CMR 590.009(G)(3)(a). The names of the vendors and their contact information will be posted on the FPP website listed above.

New Trans Fat Regulation for the City of Lynn

The Lynn Board of Health passed a regulation restricting foods containing artificial trans fat in all food service establishments that are required to hold a permit from Lynn Board of Health as of January 1, 2012. These include restaurants, grocery stores, delis, cafeterias in schools and businesses, bakeries, caterers,
mobile food vendors, and other establishments.

After January 1, 2012, if a product contains more than .5 grams of trans fats per serving, then this product should not be used. For more information about trans fat and/or assistance in how to eliminate them in your establishment contact the Public Health Division of Lynn ISD for additional information and assistance.

Phone: 781-598-4000 | Fax: 781-477-7031

The City of Lynn Regulation is available below on this page or as a PDF download.

New Item Acrobat Documents For Download (PDF | WEB)
  Trans Fat Business Q&A Flyer
  Trans Fat Regulation
  Trans Fat Guidelines and Enforcement
   
Web Trans Fat Help Center Website

A REGULATION TO RESTRICT FOODS CONTAINING
ARTIFICIAL TRANS FAT IN THE CITY OF LYNN


WHEREAS, heart disease is a leading cause of death in the United States;

WHEREAS, research concludes that there is no safe level of artificial trans fat consumption and there is a clear association between an increase in the intake of trans fat and the risk of heart disease;

WHEREAS, the major source of artificial trans fat is found in partially hydrogenated vegetable oil, which is used for frying and baking and is present in many processed foods;

WHEREAS, there are food service establishments and other food vendors in the
City of Lynn that prepare and serve food containing artificial trans fat for consumption by Lynn residents, visitors and students;

NOW THEREFORE, the Lynn Board of Health enacts the following regulation in furtherance of its mission to protect, promote and preserve the health and well-being of the citizens of Lynn.

Section 1.00:  Authority: M.G.L. c. 111, §31.
This regulation is promulgated pursuant to the authority granted to the City of Lynn board of Health by Massachusetts General Laws Chapter 111, Section 31 the “Boards of Health may make reasonable health regulations.”

Section 2.00:   Definitions
Artificial trans fat means food or beverage that is labeled as, lists as an ingredient, contains or is prepared with vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil. However, a food or beverage whose nutrition facts label or other suitable documentation lists the trans fat content of the food as less than 0.5 grams per serving shall not be deemed to contain artificial trans fat.

Food service establishment means any entity that stores, prepares, packages,
serves, sells or otherwise provides food or beverage for consumption in the City of Lynn. Food service establishment includes, but shall not be limited to, restaurants, supermarkets, grocery stores, delis, sandwich shops, bakeries, convenience stores, ice cream shops, coffee shops, cafeterias in schools and businesses, caterers, senior-center meal programs, nursing homes, children’s institutions, school kitchens, school stores, soup kitchens and permanent or temporary concession stands. Food service establishment shall not include a fraternal, charitable, social, service club or similar organization that prepares, displays and sells home-made baked goods for a “neighborhood bake sale” so called.
Entity means any single individual, group of individuals, corporation, partnership, hospital, academic institution, society, association, firm, sole proprietorship or any other legal entity whether public or private.
Vending machine means any machine or device designated for or used for the vending of food products or beverages upon the insertion of coins, currency, swipe cards, or any other form of payment.
Mobile food vendor means any person or operation that sells food or beverage from a mobile food unit. A mobile food vendor shall include, but not be limited to, sidewalk vendors, canteen trucks, and food trailers.

Section 3.00 Restriction on Artificial Trans Fat
No food service establishment, vending machine, or mobile food vendor shall store, prepare, distribute, hold for service or serve any food or beverage containing artificial trans fat in the City of Lynn.
These prohibitions shall not include the sale of any food or beverage containing artificial trans fat that is in a manufacturer’s original sealed package and is required by federal and or state law to have nutrition labeling.

Section 4.00 Labels Required
All food service establishments, mobile food vendors and operators of vending machines shall maintain on-site original labels or other suitable documentation listing the ingredient and nutrient content of all food products such that the Lynn Board of Health or its designees can determine whether they are in compliance with this regulation.

Section 5.00 Guidelines
The Director of the Lynn Health Division of Inspectional Services shall issue guidelines for the implementation of this regulation, including but not limited to, definitions of terms as used in these regulations and in the guidelines. In the event of a conflict between these regulations and the guidelines, as either may be amended, the regulation shall control.

Section 6.00 Violations
1. A violator of this regulation may receive:
a. In the case of a first violation a warning will be issued.
b. In the case of a second violation within 24 months of the first violation a fine of two hundred dollars ($250.00); and,
c. In the case of a three or more violations within 24 months of the second or current violation, a fine of three hundred dollars ($300.00)
for each violation.
2. Each calendar day an entity operates in violation of any provision of this regulation shall be deemed a separate violation.
3. No provision, clause or sentence of this section of this regulation shall be interpreted as prohibiting the Lynn Board of Health or a City of Lynn department or agency from suspending, or revoking any license or permit issued by and within the jurisdiction of such departments or agency for repeated violations of this regulation.

Section 7.00 Enforcement
1. Authority to enforce this regulation shall be held by the Lynn Board of Health,
its subsidiary programs or designees; and the City of Lynn Inspectional Services Department.
2. Any violation of this regulation may be enforced in the manner provided in M.G.L. c.111 §187, by the Lynn Board of Health, its subsidiary programs or designees.

Section 8.00 Severability
If any provision, clause, sentence, paragraph or word of this regulation or the application thereof to any person, entity or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provisions or application and to this end the provisions of this regulation are declared severable.

Section 9.00 Effective Date
This regulation shall take effect on January 1, 2012 with respect to cooking oils, shortening, and margarines containing artificial trans fat and with respect to baked goods and all other foods containing artificial trans fat.

New Item City of Lynn Regulations and Ordinance Links (PDF/WEB)
  Tobacco Regulation | Updated December 2013
  Body Art/Tattoo Regulations
  Building Demolition Regulation
  Drug Paraphernalia Ban
  Tanning Regulation
  Trash Scavenging Ordinance
  Vacancy Inspections
   
Web Visit the Inspectional Services Website For A Complete List

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