[Order No. 2-3-2000A §1, 2-3-2000]
The title of this Chapter shall be known and may be cited as
"The Jefferson County Food Service Sanitation Order". It shall provide
for the inspection and permitting of all food establishments in the
County of Jefferson, Missouri, pursuant to Section 192.300, RSMo.
[Order No. 2-3-2000A §2, 2-3-2000]
This Order is enacted pursuant to Section 192.300, RSMo., which
provides, in part, as follows:
The County Commissions and the County Health Boards of the several
Counties may make and promulgate orders and ordinances or rules and
regulations, respectively, as will tend to enhance the public health
and prevent the entrance of infectious, contagious, communicable and
dangerous diseases into such County, but any orders, ordinances, rules
or regulations shall not be in conflict with any rules or regulations
authorized and made by the Department of Health in accordance with
this Chapter or by the Department of Social Services under Chapter
198, RSMo.
[Order No. 2-3-2000A §3, 2-3-2000]
A.
The inspection
of food establishments; the issuance, closure, suspension and revocation
of permits to operate food establishments; the prohibiting of the
sale of adulterated or misbranded food or drink; and the enforcement
of this Order shall be regulated in accordance with the:
1.
Food
Service and Retail Food Service Sanitation Rules and Regulations of
the Jefferson County Health Center (hereinafter referred to as "JCHC
Food R&R"); and
2.
The
current regulations of the Missouri Department of Health relating
to food service and retail food operations, known as the 1999 Missouri
Food Code, 19 CSR 20-1.025 Sanitation of Food Establishments.
B.
Food
Service and Retail Food Service Sanitation Rules and Regulations of
the Jefferson County Health Center and the 1999 Missouri Food Code,
19 CSR 20-1.025 Sanitation of Food Establishments are hereby adopted
and incorporated by reference as if printed herein in whole.
C.
Three
(3) copies of each regulation shall be maintained on file in the office
of the County Clerk of the County of Jefferson, Missouri.
[Order No. 2-3-2000A §4, 2-3-2000]
A.
Each
food establishment, as defined in the JCHC Food R&R, within the
County shall be required to annually obtain and post, in public view,
a County food and beverage permit and shall annually pay the required
cost reimbursement charge.
1.
"Cost reimbursement charges" are reasonable charges for
the cost incurred in carrying out the provisions of this Chapter and
are based upon the size or type of food establishment. The charge
shall be collected by the Health Center as issuer of the permit to
operate a food establishment; shall be used only to defray the actual
cost of administration of this Chapter; and shall be in accordance
with a Cost Reimbursement Charge Schedule published by JCHC Food R&R.
2.
Operating food establishments.
a.
Found
to meet minimum sanitary requirements upon an inspection by the Health
Center made after the filing of an application for renewal and before
the permit expiration date; and
b.
Who
have paid their annual permit cost reimbursement charge shall be issued
a renewal County food and beverage permit by the Health Center.
3.
New
owners of food establishments and new food establishments, before
engaging in business, shall make application for a County food and
beverage permit from the Health Center. The Health Center shall then
request the necessary inspection.
4.
Permit
cost reimbursement charges are payable to the Health Center and shall
be accounted for by the Health Center and deposited into the Treasury
of the County as required by law.
5.
No cost
reimbursement charges are refundable.
6.
The
schedule of cost reimbursement charges are set out in the Food Service
and Retail Food Service Sanitation Rules and Regulations of the Jefferson
County Health Center (JCHC Food R&R) and are further incorporated
by this reference as if fully printed within this Chapter.
[Order No. 2-3-2000A §5, 2-3-2000]
Any applicant denied a County food and beverage permit or whose
permit is revoked may upon petition have a hearing as set out in the
JCHC Food R&R.
[Order No. 2-3-2000A §6, 2-3-2000]
Any person (or responsible officer or employer of that person)
who violates any provision of this Chapter and any person (or responsible
officer or employer of that person) who is the holder of a permit
or who otherwise operates a food establishment that does not comply
with the requirements of this Chapter or fails to comply with any
of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or special exceptions)
shall be guilty of a misdemeanor punishable as provided in Sections
196.235 and 196.265, RSMo., and upon proper complaint shall be prosecuted.
Any person who violates this Order or fails to comply with any of
its requirements shall, upon conviction in a court of competent jurisdiction,
be fined or imprisoned as provided by law and shall pay costs and
expenses involved in the case, including expenses of prosecution.
Each day in which any such violation does continue shall be deemed
a separate offense. Nothing herein contained shall prevent the County
of Jefferson or other appropriate authority from taking such other
lawful action as is necessary to prevent or remedy any violation.
[Order No. 2-3-2000A §7, 2-3-2000]
The Board of Trustees of the Jefferson County Health Center
and the County Council may promulgate reasonable rules and regulations
to implement the provisions of this Order and violations thereof shall
be a misdemeanor.
[Order No. 2-3-2000A §8, 2-3-2000]
If any part of this Chapter or any regulation provided for herein
is for any reason held to be invalid by any court of competent jurisdiction,
such decision shall not affect the remaining portions of this Chapter
or such regulation. No statement contained in this Chapter shall be
construed to interfere with any additional requirements that may be
imposed by the County Council or the Jefferson County Health Center
as the regulatory authority.
[Order No. 2-3-2000A §9, 2-3-2000]
The effective date of this Chapter is the first (1st) day of
February, 2000.
