A.
Public health protection.
(1)
The regulatory authority shall apply this code to
promote its underlying purpose of safeguarding public health and assuring
that food is safe, unadulterated, and honestly presented when offered
to the consumer.
(2)
In enforcing the provisions of this code, the regulatory
authority shall assess existing facilities or equipment that was in
use before the effective date of this code based on the following
considerations:
B.
Preventing health hazard conditions not addressed.
(1)
If necessary to protect against public health hazards,
the regulatory authority may impose specific requirements in addition
to the requirements contained in this code that are authorized by
law.
(2)
The regulatory authority shall document the conditions
that necessitate the imposition of additional requirements and the
underlying public health rationale. The documentation shall be provided
to the permit applicant or permit holder and a copy shall be maintained
in the regulatory authority's file for the food establishment.
C.
Variances.
(1)
The regulatory authority may grant a variance by modifying or waiving the requirements of this code if in the opinion of the regulatory authority a health hazard will not result from the variance. If a variance is granted, the regulatory authority shall retain the information specified in this Subsection C in its records for the food establishment.
(2)
Before a variance from a requirement of this code
is approved by the regulatory authority, the information that shall
be provided by the person requesting the variance and retained in
the regulatory authority's file on the food establishment shall include:
(3)
If the regulatory authority grants a variance the
permit holder shall:
A.
When plans are required.
(1)
Except as specified in Subsection A(4) of this section,
a permit applicant or permit holder shall submit to the regulatory
authority properly prepared plans and specifications for review and
approval before:
(a)
The construction of a food establishment;
(b)
The conversion of an existing structure for use as a food establishment;
or
(c)
The remodeling of a food establishment or a change of type of food
establishment or food operation, if the regulatory authority determines
that plans and specifications are necessary to assure compliance with
this code.
(2)
Submission of plans is not required for temporary
or seasonal food establishments.
B.
Contents of the plans and specifications. The plans
and specifications for a food establishment shall include the following
information to demonstrate conformance with code provisions:
(1)
Intended menu;
(2)
Anticipated volume of food to be stored, prepared,
and sold or served;
(3)
Proposed layout, mechanical schematics, construction
materials, and finish schedules;
(4)
Proposed equipment types, manufacturers, model numbers,
locations, dimensions, performance capacities, and installation specifications;
and
(5)
Other information that may be required by the regulatory
authority for the proper review of the proposed construction, conversion
or modification, and procedures for operating a food establishment.
C.
Preoperational inspections. The regulatory authority
shall conduct one or more preoperational inspections to verify that
the food establishment is constructed and equipped in accordance with
the approved plans and approved modifications of those plans and is
in compliance with law and this code.
A.
Prerequisite for operation. A person may not operate
a food establishment without a valid permit to operate approved by
the regulatory authority and issued by the Department of Licensing
and Permits.
C.
Application.
(1)
Except as specified in Subsection C(4) of this section, an applicant shall submit an application for a permit at least 30 calendar days before the date planned for opening a food establishment or the expiration date of the current permit for an existing facility.
(2)
A person desiring to operate a food establishment
shall submit to the Department of Licensing and Permits a written
application for a permit on a form provided by that Department.
(3)
To qualify for a permit, an applicant shall:
(4)
An applicant for a temporary or seasonal food establishment
permit shall submit an application for a permit prior to beginning
operation.
D.
Application contents. The application shall include:
(1)
The name, birth date, mailing address, telephone number,
and signature of the person applying for the permit and the name,
mailing address, and location of the food establishment;
(2)
Information specifying whether the food establishment
is owned by an association, corporation, individual, partnership,
or other legal entity;
(3)
A statement specifying whether the food establishment
is mobile or stationary and temporary or permanent;
(4)
The name, title, address, and telephone number of
the person directly responsible for the food establishment;
(6)
Other information required by the regulatory authority.
E.
Permit issuance for food dispensary, restaurant, retail
food establishment, and retail food outlet. For the listed food establishments
the Department of Licensing and Permits shall issue a permit to the
applicant after:
(1)
A properly completed application is submitted;
(2)
The required fee is submitted;
(3)
The required plans, specifications, and information
are reviewed and approved;
(4)
A preoperational inspection shows that the establishment
is built or remodeled in accordance with the approved plans and specifications
and that the establishment is in compliance with this code; and
(5)
Approval is received from the regulatory authority.
F.
Permit issuance for temporary food establishment and
seasonal food establishment. For the listed food establishments the
Department of Licensing and Permits shall issue a permit to the applicant
after:
G.
Permit period; renewal and change of ownership.
(1)
Except as specified in Subsection G(4) of this section, permits are to be issued for a twelve-month period beginning October 1 and expiring September 30 of the following year.
(2)
Permits issued after October 1 will not be prorated
and will expire on September 30.
(3)
The Department of Licensing and Permits may renew
a permit for an existing food establishment or may issue a permit
to a new owner of an existing food establishment after a properly
completed application is submitted, reviewed and approved and the
fees are paid.
(4)
Temporary food permits shall be issued for 10 days
and are nonrenewable. Seasonal food permits shall be issued for not
more than six months in any calender year.
H.
Denial of permit. If an application for a permit to
operate is denied, the regulatory authority shall provide the applicant
with a notice that includes:
I.
Responsibilities of the regulatory authority.
(1)
At the time a permit is first issued, the regulatory
authority shall provide to the permit holder a copy of this code so
that the permit holder is notified of the compliance requirements
and the conditions of retention that are applicable to the permit.
J.
Responsibilities of the permit holder. Upon acceptance
of the permit issued by the regulatory authority, the permit holder
in order to retain the permit shall:
(1)
Post the permit in a location in the food establishment
that is conspicuous to consumers;
(2)
Comply with the provisions of this code, including
the conditions of any granted variances;
(3)
Immediately contact the regulatory authority to report an illness of an applicant or employee as specified under § 335-4D;
(4)
Immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified under § 335-41E(1);
(5)
Allow representatives of the regulatory authority
access to the food establishment;
(6)
Replace existing facilities and equipment with facilities
and equipment that comply with this code if:
(a)
The regulatory authority directs the replacement
because the facilities and equipment constitute a public health hazard
or no longer comply with the criteria upon which the facilities and
equipment were accepted;
(b)
The regulatory authority directs the replacement
of the facilities and equipment because of a change of ownership;
or
(c)
The facilities and equipment are replaced in
the normal course of operation;
(7)
Comply with directives of the regulatory authority,
including time frames for corrective actions specified in inspection
reports, notices, orders, warnings, and other directives issued by
the regulatory authority in regard to the permit holder's food establishment
or in response to community emergencies;
(8)
Accept notices issued and served by the regulatory
authority according to law; and
(9)
Be subject to the administrative, civil, injunctive,
and criminal remedies authorized under law for failure to comply with
this code or a directive of the regulatory authority, including time
frames for corrective actions specified in inspection reports, notices,
orders, warnings, and other directives.
K.
Permits not transferable. A permit may not be transferred
from one person to another person, from one food establishment to
another, or from one type of operation to another if the food operation
changes from the type of operation specified in the application and
the change in operation is not approved by the regulatory authority.
A.
Frequency.
(1)
Except as specified in Subsection A(2) of this section, the regulatory authority shall inspect a food establishment at least once every 12 months.
(2)
The regulatory authority may periodically inspect
throughout its permit period a temporary food establishment that prepares,
sells, or serves unpackaged potentially hazardous food and that:
(a)
Has improvised rather than permanent facilities
or equipment for accomplishing functions such as handwashing, food
preparation and protection, food temperature control, warewashing,
providing drinking water, waste retention and disposal, and insect
and rodent control; or
(b)
Has inexperienced food employees.
B.
Performance- and risk-based inspections. The regulatory
authority may prioritize and conduct more frequent inspections based
upon its assessment of a food establishment's history of compliance
with this code and the establishment's potential as a vector of foodborne
illness by evaluating:
(1)
Past performance, for nonconformance with code requirements
that are critical;
(2)
Past performance, for numerous or repeat violations
of code requirements that are noncritical;
(3)
The hazards associated with the particular foods that
are prepared, stored, or served;
(4)
The type of operation, including the methods and extent
of food storage, preparation, and service;
(5)
The number of people served; and
(6)
Whether the population served is a highly susceptible
population.
C.
Inspections allowed at reasonable times after due
notice. After the regulatory authority presents official credentials
and provides notice of the purpose of, and an intent to conduct, an
inspection, the person in charge shall allow the regulatory authority
to determine if the food establishment is in compliance with this
code by allowing access to the establishment, allowing inspection,
and providing information and records specified in this code and to
which the regulatory authority is entitled according to law, during
the food establishment's hours of operation and other reasonable times.
D.
Inspection refusal. If a person denies access to the
regulatory authority, the regulatory authority shall:
(1)
Inform the person that:
(a)
The permit holder is required to allow access to the regulatory authority as specified under Subsection C of this section;
(b)
Access is a condition of the acceptance and retention of a food establishment permit to operate as specified under § 335-39J(5); and
(c)
If access is denied, an order issued by the
appropriate authority allowing access, hereinafter referred to as
an "inspection order," may be obtained according to law;
(2)
Make a final request for access; and
(3)
If access is still refused, the regulatory authority
shall document said refusal in writing.
E.
Inspection order to gain access. If denied access
to a food establishment for an authorized purpose, the regulatory
authority may issue, or apply for the issuance of, an inspection order
to gain access as provided under law.
F.
Inspection reports. The regulatory authority shall
document:
(1)
Administrative information about the establishment's
legal identity, street and mailing addresses, type of establishment
and operation, inspection date, and other information, such as type
of water supply and sewage disposal, status of the permit, and personnel
certificates that may be required; and
(2)
Specific factual observations of violative conditions
or other deviations from this code that require correction by the
permit holder, including:
(a)
Failure of the person in charge to demonstrate
the knowledge of foodborne illness prevention and the requirements
of this code.
(b)
Failure of food employees and the person in
charge to demonstrate their knowledge of their responsibility to report
a disease or medical condition.
(c)
Nonconformance with critical items of this code.
(d)
Failure of the appropriate food employees to
demonstrate their knowledge of, and ability to perform in accordance
with, the procedural, monitoring, verification, and corrective action
practices required by the regulatory authority.
G.
Issuing report. After the inspection, the regulatory
authority shall provide a copy of the completed inspection report
to the permit holder or to the person in charge.
H.
Public information. The regulatory authority shall
treat the inspection report as a public document and shall make it
available for disclosure to a person who requests it under law.
A.
Time frame for corrections.
(1)
Except as specified in Subsection A(2) of this section, a permit holder shall at the time of inspection correct a critical violation of this code.
(2)
Considering the nature of the potential hazard involved
and the complexity of the corrective action needed, the regulatory
authority may agree to or specify a longer time frame, not to exceed
10 calendar days after the inspection, for the permit holder to correct
critical code violations.
(3)
Except as specified in Subsection A(4) of this section, the permit holder shall correct noncritical violations by a date and time agreed to or specified by the regulatory authority but no later than 90 calendar days after the inspection.
(4)
The regulatory authority may approve a compliance schedule that extends beyond the time limits specified under Subsection A(3) of this section if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.
B.
Withdrawal of permit. A prior approved permit may
be withdrawn by the regulatory authority for noncompliance with the
regulations pursuant to the following procedures:
(1)
The permit holder is notified of an inspection by
the regulatory authority and informed of specific instances of noncompliance
with this code; and
(2)
If the permit holder is given a specific time period
to correct the noncompliance and is unable to do so or refuses to
do so, then the license will be withdrawn and the food operation will
be closed down by the regulatory authority until such a time as the
permit holder complies with the regulations.
C.
Penalties. Failure to comply with any or all parts
of this code shall result in a fine of $50 per day for each day of
noncompliance.
D.
Verification of corrections.
(1)
After observing at the time of inspection a correction
of a critical violation or deviation, the regulatory authority shall
enter the violation and information about the corrective action on
the inspection report.
(2)
After receiving notification that the permit holder
has corrected a critical violation or at the end of the specified
period of time, the regulatory authority shall verify correction of
the violation.
E.
Ceasing operations and reporting.
(1)
Except as specified in Subsection E(2) of this section, a permit holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.
(2)
A permit holder need not discontinue operations in
an area of an establishment that is unaffected by the imminent health
hazard.
(3)
The permit holder shall obtain approval from the regulatory
authority before resuming operations.
A.
Personnel information and examinations. The regulatory
authority shall act when it has reasonable cause to believe that a
food employee has possibly transmitted disease; may be infected with
a disease in a communicable form that is transmissible through food;
may be a carrier of infectious agents that cause a disease that is
transmissible through food; or is affected with a boil, an infected
wound, or acute respiratory infection by:
(1)
Securing a confidential medical history of the employee
suspected of transmitting disease or making other investigations as
deemed appropriate; and
(2)
Requiring appropriate medical examinations, including
collection of specimens for laboratory analysis, of a suspected employee
and other employees.
B.
Restriction, exclusion, or suspension. Based on the
findings of an investigation related to an employee who is suspected
of being infected or diseased, the regulatory authority may issue
an order to the suspected employee or permit holder instituting one
or more of the following control measures:
(1)
Restricting the employee's services to specific areas
and tasks in a food establishment that present no risk of transmitting
the disease;
(2)
Excluding the employee from a food establishment;
or
(3)
Closing the food establishment by summarily suspending
a permit to operate in accordance with law.
C.
Restriction or exclusion order. Based on the findings
of the investigation and to control disease transmission, the regulatory
authority may issue an order of restriction or exclusion to a suspected
employee or the permit holder without prior warning, notice of a hearing,
or a hearing if the order:
(1)
States the reasons for the restriction or exclusion
that is ordered;
(2)
States the evidence that the employee or permit holder
shall provide in order to demonstrate that the reasons for the restriction
or exclusion are eliminated;
(3)
States that the suspected employee or the permit holder
may request an appeal hearing by submitting a timely request as provided
under law; and
(4)
Provides the name and address of the regulatory authority
representative to whom a request for an appeal hearing may be made.
D.
Release of employee from restriction or exclusion.
The regulatory authority shall release an employee from restriction
or exclusion according to law and the following conditions:
