[Amended 8-8-1989 by Ord. No. 89-08-144; 1-12-1999 by Ord. No.
99-03-240; 5-29-2001 by Ord. No. 01-05-256; 6-16-2022 by Ord. No. 22-06-62]
The current editions of rules and regulations currently on file
with the Secretary of State's office, promulgated by the Illinois
Department of Public Health, pertaining to food establishments are
hereby adopted by reference. In addition to those provisions set forth
within, this code hereby adopts by reference the current edition and
subsequent revisions of, and shall be interpreted and enforced in
accordance with, the provisions set forth in the following: Bed and
Breakfast Act, 50 ILCS 820/l et seq.; farmers' markets and cottage
food operations 410 ILCS 625/4; Food Handling Regulation Enforcement
Act, 410 ILCS 625/3.1; Illinois Department of Public Health Food Service
Sanitation Code, 77 Ill. Admin. Code 750; Illinois State Plumbing
Code, 225 ILCS 320; Public Area Sanitary Practice Code, Section 9,
415 ILCS 55/9; and Section 2 of the Department of Public Health Act,
20 ILCS 2305/2; and the Smoke Free Illinois Act, 410 ILCS 82. Three
copies of each set shall be on file in the County Clerk's office.
[Added 5-29-2001 by Ord. No. 01-05-256]
The current editions of rules and regulations currently on file
with the Secretary of State's office, promulgated by the Illinois
Department of Public Health, pertaining to bed-and-breakfast establishments
are hereby adopted by reference (Bed-and-Breakfast Act 50 ILCS 820/1
et seq.). Three copies of each set shall be on file in the County
Clerk's office.
[Amended 1-12-1999 by Ord. No. 99-03-240; 5-29-2001 by Ord. No.
01-05-256]
In addition to the definitions contained in the above rules
and regulations, the following definitions shall apply in the interpretation
and enforcement of this chapter:
The duly appointed public health administrator as defined
by the state minimum qualifications for local health departments or
anyone to whom the administrative responsibilities have been delegated.
The condition of any food:
If it bears or contains any poisonous or deleterious substance
in a quantity which may render it injurious to health.
If it consists in whole or part of any filthy, putrid, or decomposed
substance, or if it is otherwise unfit for human consumption.
If it has been processed, prepared, packed or held under unsanitary
conditions, whereby it may have been contaminated with filth, or whereby
it may have been rendered injurious to health.
If it is in whole or in part of the product of a diseased animal
or animal which has died otherwise than by slaughter.
If its containers are composed in whole or in part of any poisonous
or deleterious substance which may render the contents injurious to
health.
An operator-occupied residence providing accommodations for
a charge to the public with no more than five guest rooms for rent,
in operation for more than 10 nights in a twelve-month period. Only
breakfast may be provided to the paying guests. Bed-and-breakfast
establishments shall not include motels, hotels, boardinghouses, or
food service establishments.
Those persons appointed by the County Board to act in a supervisory
and policy-making capacity over the County Health Department.
Includes a violation that usually relates to general sanitation,
operational controls, sanitation standard operating procedures (SSOPs),
facilities or structures, equipment design or general maintenance.
[Added 6-16-2022 by Ord.
No. 22-06-62]
Any food service, tavern, food processing, manufacturing,
or distribution operation, seasonal or temporary, or any other type
of operation which involves handling, processing, preparation, or
service of food that is intended for public use and/or consumption.
The term does not lodging facilities serving only coffee, tea, juice
and commercially prepared baked goods; private homes where food is
prepared or served for individual family consumption; the location
of food vending machines; church kitchens serving members of their
congregations; and stands selling unprocessed, homegrown fruits and
vegetables. Food establishments shall be categorized according to
their relative risk of causing foodborne illness as either "Category
I," "Category II," or "Category III." The Stephenson County Health
Department will reassess and reassign risk categories as needed.[1]
A "high-risk" Category I food establishment is one whose scope
of operations presents a high relative risk of causing foodborne illness,
based on the large number of food-handling operations typically implicated
in foodborne outbreaks and the type of population served by the establishment.
The following criteria shall be used to classify Category I facilities:
Whenever cooking of potentially hazardous foods as part of the
food-handling operations;
When potentially hazardous foods are prepared hot or cold and
held for more than 12 hours before serving;
If potentially hazardous foods which have been previously cooked
and cooled must be reheated;
When preparing potentially hazardous foods for off-premises
service for which time/temperature requirements during preparation,
holding, and service are relevant;
Whenever complex preparation of foods, or extensive handling
of raw ingredients with hand contact for ready-to-eat foods, occurs
as part of the food handling;
If vacuum packaging and/or other forms of reduced-oxygen packaging
are performed at the retail level; or
Whenever serving immunocompromised individuals where these individuals
comprise the majority of the consuming population.
A "medium-risk" Category II food establishment is one whose
scope of operation presents a medium relative risk of causing foodborne
illness based upon few food-handling operations typically implicated
in foodborne outbreaks. The following criteria shall be used to classify
Category II facilities:
If held hot or cold foods are not maintained at that temperature
for more than 12 hours and are restricted to same-day service;
If preparing foods for service from raw ingredients using only
minimal assembly; and
Foods at an establishment that require complex preparation (whether
canned, frozen, or fresh-prepared) are obtained from approved processing
plants, (Category I) food service establishments, or retail stores.
A "low-risk" Category III food establishment is one whose scope
of operation presents a low relative risk of causing foodborne illness
based upon few or no food-handling operations typically implicated
in foodborne outbreaks. The following criteria shall be used to classify
Category III facilities:
Only prepackaged foods are available or are served in the facility,
and any potentially hazardous foods available are commercially prepackaged
in an approved processing plant;
Only limited preparation of non-potentially hazardous foods
and beverages, such as snack foods and carbonated beverages, occurs
at the facility; or
Only beverages (alcoholic or nonalcoholic) are served at the
facility.
The County Health Department as the regulatory authority
or authorized representative.
The Administrator of the County Health Department or any
other duly appointed representative of the County Board of Health.
A container which is designed and intended to be secure against
the entry of microorganisms and to maintain the commercial sterility
of its contents after processing.
A display of written, printed or graphic matter upon the
immediate container of any article.
Any federal, state and local statutes, ordinances and regulations.
The written document issued by the Health Department allowing
the operation of a food establishment.
A violation that contributes directly to the elimination,
prevention or reduction to an acceptable level of hazards associated
with foodborne illness or injury. This includes items with a quantifiable
measure to show control of hazards such as cooking, reheating, cooling
and handwashing.
[Added 6-16-2022 by Ord.
No. 22-06-62]
Includes violations that require the purposeful incorporation
of specific actions, equipment or procedures by industry management
to attain control of risk factors that contribute to foodborne illness
or injury, such as personnel training, infrastructure or necessary
equipment, HACCP plans, documentation or recordkeeping, labeling.
[Added 6-16-2022 by Ord.
No. 22-06-62]
Food that is in a form that is edible without washing, cooking,
or additional preparation by the food establishment or the consumer,
and that is reasonably expected to be consumed in that form. Ready-to-eat
food includes:
Unpackaged potentially hazardous food that is cooked to the
temperature and time required for specific food items;
Raw, washed, and cut fruits and vegetables;
Whole raw fruits and vegetables that are intended for consumption
without the need for further washing, such as at a buffet, but excluding
whole raw fruits and vegetables offered for retail sale; and
Other foods presented for consumption for which further washing
or cooking is not required, and from which rinds, peels, husks, or
shells are removed.
Effective bactericidal treatment by a process that provides
enough accumulative heat or concentration of chemicals for enough
time to reduce the bacterial count, including pathogens, to a safe
level on utensils and equipment.
Any food service establishment which operates a temporary
period of time, not to exceed 14 days, in connection with a fair,
carnival, circus, public exhibition, or similar transitory gatherings.
In sound condition, not thawed and refrozen, clean, free
from adulteration and otherwise suitable for use as human food.
Any person who violates any provision of this chapter, or any rules and regulations adopted herein, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article II, Penalties, § 1-11. In addition thereto, such person may be enjoined from continuing such violations. Each day upon which such violation occurs shall constitute a separate offense.
[Added 1-12-1999 by Ord. No. 99-03-240]
A.
In an effort to prevent the transmission of pathogenic organisms
from humans, food shall be prepared with the least possible manual
contact, with suitable utensils, and on surfaces that have been cleaned,
rinsed, and sanitized prior to use to prevent cross-contamination.
B.
Bare-hand contact with ready-to-eat foods.
(1)
Food employees shall not have any direct contact (i.e., using bare
hands) with ready-to-eat food, and shall handle ready-to-eat food
only with suitable utensils, such as deli tissue, spatulas, tongs,
or single-use gloves. Handling of ready-to-eat food with suitable
utensils is not a substitute for proper hand washing. Use of utensils,
including deli tissue, spatulas, tongs, or single-use gloves, shall
be preceded by thorough hand washing.
(2)
If gloves are used to handle ready-to-eat food, they shall be single-use
gloves, i.e., shall be used for only one task (preparing/handling
ready-to-eat food), shall be used for no other purpose, and shall
be discarded when damaged or soiled, or when interruptions occur in
operations.
[Added 5-29-2001 by Ord. No. 01-05-256]
Stephenson County bed-and-breakfast establishments shall comply
with Public Act 50 ILCS 820, known as the "Bed-and-Breakfast Act."
