Editor's Note—Ord. no. 02-024 §3, adopted February 27, 2002, repealed sections 230.010—230.080 and 230.110—230.600 and enacted the new provisions set out in sections 230.010—230.020. Additionally ord. no. 02-038 §2, adopted March 28, 2002, repealed sections 230.090—230.100 and enacted the new provisions set out in section 230.030 herein. Said former sections derived from order of 12-20-88 sections 10.010—10.900; ord. no. 93-216 §1, 12-15-1993. Subsequently, ord. no. 11-030, adopted May 2, 2011, amended chapter 230 "food service establishment code" and enacted new provisions set out in sections 230.010—230.030. Former ch. 230 derived from ord. no. 02-024 §1, 2-27-2002; ord. no. 02-038 §1, 3-28-2002; ord. no. 04-185 §§1—2, 12-1-2004; ord. no. 05-174 §2, 11-29-2005; ord. no. 08-067 §1, 6-6-2008; ord. no. 08-117 §1, 9-30-2008.
[Ord. No. 11-030 §1, 5-2-2011; Ord. No. 15-051 §§1,2, 5-26-2015; Ord. No. 19-053, 6-24-2019; Ord. No. 19-062, 7-29-2019]
The Council hereby adopts the 2013 FDA Food Code, Chapters 1 through 8, a certified copy of which is on file in the office of the County Registrar, with the following amendments:
Section 1-101.10 shall be amended to read as follows:
These provisions shall be known as the St. Charles County Food Code, hereinafter referred to as "this Code".
Section 1-201.10(B), sub verbo (s.v.). "Approved". Amend this Section to read as follows:
"Approved" means acceptable to the Department of Public Health of St. Charles County or the appropriate County agency, based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
Section 1-201.10(B), s.v. "Certificate of training" shall be added and read as follows:
"Certificate of training" means the document issued by an accredited program, which certifies that the holder has successfully completed a food protection manager certification program.
Section 1-201.10(B), s.v. "Community Event" shall be added and read as follows:
"Community Event" means an event that is of civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events APPROVED by the DEPARTMENT.
Section 1-201.10(B), s.v. "Commissary" shall be added and read as follows:
"Commissary" means a FOOD ESTABLISHMENT that services TEMPORARY FOOD FACILITIES, MOBILE FOOD FACILITIES, or VENDING MACHINES where all of the following occur:
Section 1-201.10(B), s.v. "Conditional Food Permit" shall be added and read as follows:
"Conditional Food Permit" means a document issued by the department that authorizes a PERSON to operate a FOOD ESTABLISHMENT while completing the requirement of Sections 8-302.12, 8-302.13, and 8-302.14 and shall not be issued for greater than a three (3) month period.
Section 1-201.10(B), s.v. "Department" shall be added and read as follows:
"Department" means the St. Charles County Department of Public Health.
Section 1-201.10(B), s.v. "Division Director" shall be added and read as follows:
"Division Director" means the Director of the Division of Environmental Health and Protection of the St. Charles County DEPARTMENT of Public Health or his/her delegate.
Section 1-201.10(B), s.v. "Director" shall be added and read as follows:
"Director" means the Director of the DEPARTMENT of the St. Charles County Department of Public Health or his/her delegate.
Section 1-201.10(B), s.v. "Enforcement Officer" shall be added and read as follows:
"Enforcement officer" means the DIVISION DIRECTOR of Environmental Health and Protection or his/her delegate.
Section 1-201.10 (B), s.v. "Farmers Market Food Permit" shall be added and read as follows:
A seasonal food permit issued to a food establishment operating for more than fourteen (14) consecutive days but less than nine (9) consecutive months within the same year. May only be issued to an organized, recurring operation at a DIRECTOR approved designated location used by local farmers and producers primarily for distribution and sale of locally produced agricultural products. This permit allows the sale, service, and sampling of Time/Temperature Control for Safety (TCS) foods. Permit shall expire on or before December 31st and may not be renewed.
Section 1-201.10(B), s.v. "Food Establishment" (2)(a). Amend this Section to read as follows:
An element of the operation such as a transportation vehicle, a satellite catered feeding location, a vending location, or a central preparation facility that supplies a satellite catered feeding or vending location unless the satellite catered feeding location, vending location, or central preparation facility that supplies a satellite catered feeding or vending location is operating under a permit issued by the Department; and
Section 1-201.10(B), s.v. "Food Establishment", Item (3)(d). Amend this Section to read as follows:
A kitchen in a private home, provided the food prepared in that kitchen is not ultimately offered for sale or is not potentially hazardous whether or not offered for sale, or, whether potentially hazardous or not is prepared for social or religious gatherings as described in Section 1-201.10(B) s.v. "Food Establishment" Item (3)(dd).
Section 1-201.10(B), s.v. "Food Establishment" Item (3)(dd) shall be added after Item (3)(d) and read as follows:
Any charitable, religious, fraternal or other not-for-profit organization, excluding social or country clubs, that regularly or occasionally provides food for members and their invitees if the consumer is informed by a clearly visible placard that the food is prepared in a kitchen that is not subject to regulation and inspection by the Department, unless the organization or its members prepare and serve food for consumption by the public;
Section 1-201.10(B), s.v. "Food Establishment" Item (3)(f). Amend this Section to read as follows:
A kitchen in a private home that is operating as a business, such as a small family day care provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed four (4), breakfast is the only meal offered, the number of guests served does not exceed twelve (12), and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department; or
Section 1-201.10(B), s.v. "Food Safety School" shall be added and read as follows:
Food Safety School means a program operated or approved by the DEPARTMENT that requires the certified FOOD protection manager or designated employee of a FOOD ESTABLISHMENT to engage in a two and half hour (2.5) training following the provisions of the ENFORCEMENT OFFICER's FOOD safety program.
FOOD SAFETY SCHOOL does not refer to, or fulfill any part of the ACCREDITED PROGRAM as outlined in the Code.
Section 1-201.10(B), s.v. "ICE CREAM TRUCK" shall be added and read as follows:
"ICE CREAM TRUCK" means any motorized mobile FOOD ESTABLISHMENT from which ice cream, frozen milk, frozen dairy or ice confection products are sold or offered for sale in a ready-to-eat form and customarily consumed at the point of sale.
Section 1-201.10(B), s.v. "OPEN-AIR BARBECUE" shall be added and read as follows:
"OPEN-AIR BARBECUE" means a piece of EQUIPMENT designed for barbecuing FOOD, where the FOOD is prepared out-of-doors by cooking directly over hot coals, heated lava, hot stones, gas flame, or other method APPROVED by the DEPARTMENT, on EQUIPMENT suitably designed and maintained for use out-of-doors, that is operated by a TEMPORARY FOOD FACILITY, or a MOBILE FOOD FACILITY that remains fixed during hours of operations at a COMMUNITY EVENT or a PERMANENT FOOD FACILITY.
Section 1-201.10(B), s.v. "OUTDOOR WOOD-BURNING OVEN" shall be added and read as follows:
"OUTDOOR WOOD-BURNING OVEN" means an oven located out-of-doors, that utilizes wood as the primary fuel for cooking and is operated on the same PREMISES as, and in conjunction with, a PERMANENT FOOD FACILITY.
Section 1-201.10(B), s.v. "PERMANENT FOOD FACILITY" shall be added and read as follows:
"PERMANENT FOOD FACILITY" means a FOOD FACILITY operating in a permanently constructed structure, including any room, building, place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, or otherwise handling FOOD at the RETAIL level.
Section 1-201.10(B), s.v. "Permit". Amend this Section to read as follows:
"Permit" means the document issued by the Department that authorizes a person to operate a food establishment.
Section 1-201.10(B), s.v. "Prepackaged Food" shall be added and read as follows:
"PREPACKAGED FOOD" means any properly labeled processed FOOD, prepackaged to prevent any direct human contact with the FOOD product upon distribution from the manufacturer, and prepared at an APPROVED SOURCE.
Section 1-201.10(B), s.v. "Regulatory Authority". Amend this Section to read as follows:
"Regulatory Authority" means the St. Charles County Department of Public Health or its authorized representative, herein sometimes referred to as "the Department".
Section 1-201.10(B), s.v. "Retail" shall be added and read as follows:
"Retail" means the storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling FOOD for dispensing or sale directly to the CONSUMER or indirectly through a delivery service.
Section 1-201.10(B), s.v. "Revocation" shall be added and read as follows:
"Revocation" means the removal of a food establishment permit, following a hearing, for a period of time that is to be determined by the Department, not to exceed one (1) year.
Section 1-201.10(B), s.v. "Suspension" shall be added and read as follows:
"Suspension" means the immediate removal of a food establishment permit, without prior notice or hearing, based on the declaration of an imminent health hazard by the Department or as a result of interference with the official duties of the Department, effective until such time as the Department determines that the imminent health hazard no longer exists or that the official duties of the Department are no longer subject to interference.
Section 2-102.11. Amend the introductory paragraph to read as follows:
Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request, the person in charge shall demonstrate to the Department or its authorized representatives knowledge of foodborne disease prevention, application of the hazard analysis critical control point principles, and the requirements of this Code. The person in charge shall demonstrate this knowledge by compliance with this Code, by being a certified food protection manager who has shown proficiency in required information through passing a test that is part of a program approved by the Department, and by responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:
Section 2-102.20. Amend this Section to read as follows:
Manager Certification Training. In accordance with Section 2-102.11, the person in charge must successfully complete a program that is approved by the Department for food protection manager certification and have posted in the food establishment a current certificate of training issued by the program.
Section 4-204.124 shall be amended to read as follows:
Open-air barbecue/outdoor wood-burning oven.
Notwithstanding any of the provisions of this part, neither the DEPARTMENT nor any City, County, City and County air pollution control district, or air quality management district shall require the enclosure of an OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN if the ENFORCEMENT OFFICER determines that the barbecue or wood-burning oven meets all of the following requirements:
The OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN is operated on the same PREMISES as, in reasonable proximity to, and in conjunction with, a PERMANENT FOOD FACILITY that is APPROVED for FOOD PREPARATION, or a TEMPORARY FOOD FACILITY or a MOBILE FOOD FACILITY that is operating at a COMMUNITY EVENT. The PERMIT HOLDER of the PERMANENT FOOD FACILITY, TEMPORARY FOOD FACILITY or MOBILE FOOD FACILITY shall be deemed to be the PERMIT HOLDER of the OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN, and shall be responsible for ensuring that it is operated in full compliance with this part.
The OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN is not operated in, or out of, any motor vehicle, or in any area or location that may constitute a fire HAZARD, as determined by the ENFORCEMENT OFFICER.
The OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN is separated from public access to prevent FOOD contamination or injury to the public by using ropes or other APPROVED methods.
If the OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN is a permanent structure, it shall be equipped with an impervious and EASILY CLEANABLE floor surface that extends a minimum of five feet from the OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN facility on all open sides.
Sanitary facilities, including, but not limited to, toilet facilities and handwashing facilities, shall be available for use within two hundred (200) feet in travel distance of the OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN and shall comply with all provisions of this part.
Subpart 6-103 ICE CREAM TRUCKS shall be created, and Section 6-103.11 shall be added and read as follows:
6-103.11 ICE CREAM TRUCK Safety Equipment
Any ICE CREAM TRUCK must be equipped with the following safety equipment, all of which must be fully operational while doing business within St. Charles County:
Front passenger side-mounted wide-angle convex mirror;
Signage visible from the rear of the vehicle, a minimum of one (1) square foot in size, stating either "Caution" or "Watch for Children" with the lettering at least three (3) inches tall;
Reverse backup alarm capable of emitting a sound adequate in quantity and volume to give warning that the vehicle is about to back up;
Rear visibility for the operator by means of a rear-mounted mirror, obstacle detection sensor, or camera; and
Front-mounted obstacle detection system capable of detecting obstacles within three (3) feet of the vehicle's front bumper.
Section 6-202.111. Amend this Section to read as follows:
Private homes and living or sleeping quarters, use prohibition.
Except as specified in subdivision (B), a private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters shall not be used for conducting FOOD FACILITY operations.P
Notwithstanding subdivision (a):
Non-perishable, PREPACKAGED FOOD may be given away, sold, or handled from a private home. No FOOD that has exceeded the labeled shelf life date recommended by the manufacturer shall be deemed to be non-perishable FOOD.
For purposes of this subdivision, "non-perishable FOOD" means a FOOD that is not a POTENTIALLY HAZARDOUS FOOD, and that does not show signs of spoiling, becoming rancid, or developing objectionable odors during storage at ambient temperatures.
Section 8-301-11.1 shall be added and read as follows:
Conditional Food Permit.
The DEPARTMENT may issue a CONDITIONAL FOOD PERMIT to a person operating a FOOD ESTABLISHMENT without an annual PERMIT only under the following conditions.
The FOOD ESTABLISHMENT:
Has changed ownership within the past twelve (12) months and prior to change of ownership operated under a duly issued annual PERMIT, or
Has opened within the past twelve (12) months and the DEPARTMENT has determined that its operation under a CONDITIONAL FOOD PERMIT will not compromise public health.
The person operating the FOOD ESTABLISHMENT has submitted an application for an annual PERMIT, an application fee, as required by this Code.
The CONDITIONAL FOOD PERMIT shall be issued for a non-renewable term not to exceed three (3) months.
The person operating a FOOD ESTABLISHMENT under a CONDITIONAL FOOD PERMIT shall comply with the requirements of Section 8-304.11 of this Code.
Section 8-303.5 shall be added and read as follows:
Failure to Post.
Failure to post a current, valid permit in accordance with Section 8-304.11 shall be considered a CORE ITEM and scored in accordance with Section 8-403.11.
Failure to post current inspection form in accordance with 8-304.11 shall be considered a PRIORITY FOUNDATION ITEM and scored in accordance with Section 8-403.11.
Section 8-304.10. Amend this Section to read as follows:
Responsibilities of the Department.
At the time a permit is first issued, the Department shall make available an electronic version of this Code in PDF format to the permit holder so that the permit holder is notified of the compliance requirements and the conditions of retention, as specified under Section 8-304.11, that are applicable to the permit. (A bound, printed copy of this Code will be made available at a reasonable fee.)
Section 8-304.11(K) shall be amended to read as follows:
Post most recent inspection form (first page with inspection score) in clear view of customers as they enter the FOOD ESTABLISHMENT or in a location where food orders are placed by the consumer.
Section 8-304.21 shall be added and read as follows:
The ENFORCEMENT OFFICER may suspend a permit for any of the following causes without prior notice or hearing:
The operation of the food establishment is deemed an imminent health hazard by the Department due to certain conditions, including, but not limited to, those circumstances set forth in Section 8-404.11(A); or
Interference with the Department in the performance of its duties, including denial of access, in accordance with Section 8-402.20; or
In accordance with Section 8-501.20(C).
When a permit is suspended, the food establishment operation shall cease immediately.
A suspension shall become effective upon service of written notice to the permit holder or person in charge of the food establishment or temporary food establishment.
The permit holder may make a written request for a hearing within ten (10) days after notice of suspension and the ENFORCEMENT OFFICER shall provide a hearing within ten (10) days after the request. If no request for a hearing is filed within ten (10) days, the suspension becomes final.
Reserved (this letter was not used in the ordinance).
The ENFORCEMENT OFFICER may end the suspension at any time if it is determined that the reason for suspension no longer exists.
Section 8-304.22 shall be added and read as follows:
Permit Revocation, Refusal to Renew.
The ENFORCEMENT OFFICER may revoke or refuse to renew a permit for any one (1) or more of the following reasons:
Prior to revocation, the ENFORCEMENT OFFICER shall provide an opportunity for a hearing in accordance with Section 8-304.23 of this Code. The permit holder will have five (5) working days from the notice of revocation to request a hearing. If a hearing is requested, revocation of a permit is stayed until the hearing has been conducted and a final determination has been given.
Whenever a revocation has become final, the person whose permit was revoked may re-apply for a permit under Section 8-303.40.1 after the expiration of the penalty period imposed by the Department in accordance with Section 8-601.12.
Section 8-304.23 shall be added and read as follows:
Suspension and Revocation Hearing Procedure.
The Department shall have the power to suspend, revoke, or refuse to renew any permit issued pursuant to this Code in accordance with Section 8-304.21 and Section 8-304.22.
Written notice of a suspension or revocation hearing shall be presented by the ENFORCEMENT OFFICER either personally, or by certified mail, to the permit holder's last known address of record and shall state the date, time, and place of hearing, as well as setting forth the charges against the food establishment. A copy of the notice shall be filed in the records of the Department.
The ENFORCEMENT OFFICER shall have the power to swear witnesses. The permit holder or his legal counsel shall have the opportunity to present evidence and/or witnesses to the Department. A record of the hearing shall be made.
The ENFORCEMENT OFFICER shall issue a decision, in writing, to uphold either the suspension, revocation or non-renewal of the permit; or to invoke a penalty in accordance with Section 8-601.12; or to find in favor of the permit holder within five (5) working days of the conclusion of the hearing.
The decision of the ENFORCEMENT OFFICER can be appealed to the DIRECTOR if the permit holder requests an appeal meeting within five (5) working days of receiving the decision of the ENFORCEMENT OFFICER.
The decision of the DIRECTOR is final.
Section 8-401.10, Establishing Inspection Interval, shall be amended to read as follows:
Section 8-402.11. Amend this Section to read as follows:
Access Allowed at Reasonable Times after Due Notice.
After the Department presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the person in charge shall allow the Department to determine if the food establishment is in compliance with this Code by allowing access to the establishment, allowing inspection, the taking of photographs to document inspection findings, and providing information and records specified in this Code, and to which the Department is entitled according to law, during the food establishment's hours of operation and other reasonable times.
Section 8-403.11 shall be added and read as follows:
Scoring of Inspection.
In accordance with Section 8-405.11, each PRIORITY ITEM OR PRIORITY FOUNDATION ITEM marked in violation on the inspection form shall be assigned a five (5) point demerit score.
In accordance with Section 8-406.11, each CORE ITEM marked in violation on the inspection form shall be assigned a two (2) point demerit score.
All demerit scores of PRIORITY ITEMS or PRIORITY FOUNDATION ITEMS and CORE ITEMS shall be totaled and subtracted from one hundred (100) possible points to determine the overall score of the food establishment.
Section 8-403.12 shall be added and read as follows:
Notice to Public of Inspections.
Every food establishment shall display, without obstruction in a conspicuous place designated by the Department, notice stickers that inform the public that the establishment is subject to inspection by the Department. Such notice stickers shall be displayed at every public entrance and at every drive-up and/or walk-up window of every food establishment.
Such notice to the public shall include, at a minimum, a statement that the establishment is inspected by the DEPARTMENT.
[Ord. No. 11-030 §2, 5-2-2011]
The Council hereby adopts the following Sections as part of the Food Code's Chapter 8.
Section 8-601.11 Operating Without A Permit.
Any person engaged in the business of operating a food establishment without a permit as required by this Code shall be subject to a fine of five hundred dollars ($500.00) for each offense. Each day a food establishment operates without a permit shall constitute a separate offense. The fine provided by this paragraph shall be in addition to any other remedy available to St. Charles County, including injunctive relief. The Department shall have the power to order the immediate closure of any food establishment operated without a permit as required by this Code. Issuance of such a closure order shall not be a prerequisite to any action in law or equity authorized by this provision.
Section 8-601.12 Violations By Permit Holders.
Any holder of a permit issued pursuant to this Code whose permit is suspended in accordance with Section 8-304.21 or whose permit is revoked in accordance with Section 8-304.22 and who has had the opportunity for a hearing in accordance with Section 8-304.23 shall be subject to the following penalties by the Department:
Upon finding, after a hearing, a first (1st) violation of this Code, the permit shall remain suspended or shall be revoked and all business operation of the food establishment shall cease for a period of not less than five (5) days or more than fourteen (14) days.
Upon finding, after a hearing, a second (2nd) violation of this Code within five (5) years by the same permit holder, the permit shall remain suspended or shall be revoked and all business operations of the food establishment shall cease for a period of not less than fifteen (15) days nor more than thirty (30) days.
Upon finding, after a hearing, a third (3rd) violation of this Code within five (5) years by the same permit holder, the permit shall remain suspended or shall be revoked and all business operations of the food establishment shall cease for a period of not less than thirty (30) days nor more than ninety (90) days.
Section 8-601.13 Additional Penalties.
The enforcement of the regulations established by this Code shall be the responsibility of the St. Charles County Counselor who may take any action in law or equity to abate any violation of this Code.
[Ord. No. 11-030 §3, 5-2-2011; Ord. No. 19-062, 7-29-2019]
The Council hereby adopts Chapter 9 of the St. Charles County Food Code relating to permit and late renewal fees and exemptions with the following provisions:
Section 9-101.10 Permit Year, Fees and Exemptions.
All permits except permits for temporary food establishments and FARMERS MARKET FOOD PERMITS are issued for a permit year. The permit year is January first (1st) through December thirty-first (31st) and may be issued for any portion thereof to a new food establishment or one that is reapplying after final suspension or revocation. All existing food establishments holding permits must complete annual renewal, including payment of the yearly permit fee and any outstanding penalty fees for prior late payments of permit fees imposed pursuant to this provision, no later than December thirty-first (31st) of each current permit year. Fees and renewal requests must be postmarked no later than December thirty-first (31st) or a penalty fee of fifty dollars ($50.00) per month will be assessed, in addition to the yearly permit fee. Fees are not prorated unless otherwise stated in this Section.
The fee structure for a permit is as follows:
Initial fee for a new food establishment shall be:
Plan review fee found in appropriate food facility type found in Subsection (B) above; and
Permit fee found in Subsection (B) above, except that fees for new annual permits shall be prorated on a basis as follows:
Religious, educational, non-profit, fraternal or civic organizations (excluding social or country clubs) shall be exempted from the fees authorized by this Code upon submittal of documentation of tax-exempt status. However, this exemption shall not extend to:
Temporary Food Establishments and FARMERS MARKET FOOD PERMIT vendors shall be exempted from this code's fees and requirements to submit applications only if operated either by a Food Establishment Risk-base 1 through 4 or by a Mobile Food Vehicle which is already permitted under this Code.
[Ord. No. 15-051 §3, 5-26-2015]
All fees under this Section shall be paid to the Department for deposit with the Department of Finance of St. Charles County.
A person reapplying for a permit after a final suspension or revocation shall pay the appropriate renewal fee including penalty fees for late payment that may be imposed pursuant to this Section upon reapplication.
The Director may waive late fees required by Subsection (A) above if an application for a permit is received no later than the thirty (30) days after the date on which it was due, and the applicant had timely submitted its application and application fee for the preceding year.
[Ord. No. 15-051 §3, 5-26-2015; Ord. No. 15-068 §1, 7-27-2015]