Cass County, MO Division 8 Compliance and Enforcement

Section 225.390 Code Applicability.

[Ord. No. 18-01, 2-1-2018]

A. Use For Intended Purpose.

1. Public Health Protection.

a. The REGULATORY AUTHORITY shall apply this Code to promote its underlying purpose, as specified in Section 225.020(B), of safeguarding public health and ensuring that FOOD is safe, unadulterated, and honestly presented when offered to the CONSUMER.

b. In enforcing the provisions of this Code, the REGULATORY AUTHORITY shall assess existing facilities or EQUIPMENT that were in use before the effective date of this Code based on the following considerations:

(1) Whether the facilities or EQUIPMENT are in good repair and capable of being maintained in a sanitary condition;

(2) Whether FOOD-CONTACT SURFACES comply with Section 225.170;

(3) Whether the capacities of cooling, heating, and holding EQUIPMENT are sufficient to comply with Section 225.190(A)(1); and

(4) The existence of a documented agreement with the PERMIT HOLDER that the facilities or EQUIPMENT will be replaced as specified under Section 225.410(D)(2)(g) or upgraded or replaced as specified under Section 225.410(D)(2)(h).

B. Additional Requirements.

1. Preventing Health Hazards, Provision For Conditions Not Addressed.

a. If necessary to protect against public health hazards or nuisances, the REGULATORY AUTHORITY may impose specific requirements in addition to the requirements contained in this Code that are authorized by LAW.

b. 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. Modifications And Waivers. 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 or nuisance will not result from the VARIANCE. If a VARIANCE is granted, the REGULATORY AUTHORITY shall retain the information specified under Section 225.390(C)(2) in its records for the FOOD ESTABLISHMENT.

2. Documentation Of Proposed Variance And Justification. Before a VARIANCE from a requirement of this Code is APPROVED, the information that shall be provided by the PERSON requesting the VARIANCE and retained in the REGULATORY AUTHORITY's file on the FOOD ESTABLISHMENT includes:

a. A statement of the proposed VARIANCE of the Code requirement citing relevant Code Section numbers;

b. An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant Code Sections will be alternatively addressed by the proposal; and

c. A HACCP plan if required as specified under Section 225.400(A)(3)(a) that includes the information specified under Section 225.400(A)(4) as it is relevant to the VARIANCE requested.

3. Conformance With Approved Procedures*. If the REGULATORY AUTHORITY grants a VARIANCE as specified in Section 225.390(C)(1), or a HACCP plan is otherwise required as specified under Section 225.400(A)(3), the PERMIT HOLDER shall:

a. Comply with the HACCP plans and procedures that are submitted as specified under Section 225.400(A)(4) and APPROVED as a basis for the modification or waiver; and

b. Maintain and provide to the REGULATORY AUTHORITY, upon request, records specified under Section 225.400(A)(4)(d) and (e) that demonstrate that the following are routinely employed;

(1) Procedures for monitoring CRITICAL CONTROL POINTS;

(2) Monitoring of the CRITICAL CONTROL POINTS;

(3) Verification of the effectiveness of an operation or process; and

(4) Necessary corrective actions if there is failure at a CRITICAL CONTROL POINT.

D. Rules And Regulations.

The Director of Health shall have the authority to make reasonable rules and regulations implementing this Code.

Section 225.400 Plan Submission And Approval.

[Ord. No. 18-01, 2-1-2018]

A. Facility And Operating Plans.

1. When Plans Are Required. A CONSTRUCTION PERMIT applicant or CURRENT OPERATING PERMIT HOLDER shall submit to the REGULATORY AUTHORITY a completed Cass County FOOD ESTABLISHMENT APPLICATION that shall include; properly prepared plans, specifications, and application for review and approval thirty (30) business days 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 as specified under Section 225.400(A)(2) if the REGULATORY AUTHORITY determines that plans and specifications are necessary to ensure compliance with this Code.

2. Contents Of The Application, Including Plans And Specifications. The application, plans, and specifications for a FOOD ESTABLISHMENT, including a FOOD ESTABLISHMENT specified under Section 225.400(A)(3), shall include, as required by the REGULATORY AUTHORITY based on the type of operation, type of FOOD preparation, and FOODS prepared, the following information to demonstrate conformance with Code provisions:

a. Intended menu;

b. Anticipated volume of FOOD to be stored, prepared, and sold or served;

c. Proposed layout, mechanical schematics, construction materials, and finish schedules;

d. Proposed EQUIPMENT types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;

e. Evidence that standard procedures that ensure compliance with the requirements of this Code are developed or are being developed;

f. 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;

g. The name, mailing address, telephone number, and signature of the PERSON applying for the PERMIT and the name, mailing address, and location of the FOOD ESTABLISHMENT;

h. A statement specifying whether the FOOD ESTABLISHMENT:

(1) Is mobile or stationary and temporary or permanent; and

(2) Is an operation that includes one (1) or more of the following:

(a) Prepares, offers for sale, or serves TIME/TEMPERATURE CONTROL FOR SAFETY FOOD:

(i) Only to order upon a CONSUMER's request;

(ii) In advance in quantities based on projected CONSUMER demand and discards FOOD that is not sold or served at an APPROVED frequency; or

(iii) Using time as the public health control as specified under Section 225.130(A)(9);

(b) Prepares TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in advance using a FOOD preparation method that involves two (2) or more steps which may include combining TIME/TEMPERATURE CONTROL FOR SAFETY ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing;

(c) Prepares FOOD as specified under Subsection (A)(2)(h)(2)(b) of this Section for delivery to and consumption at a location off the PREMISES of the FOOD ESTABLISHMENT where it is prepared;

(d) Prepares FOOD as specified under Subsection (A)(2)(h)(2)(b) of this Section for service to a HIGHLY SUSCEPTIBLE POPULATION;

(e) Prepares only FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY; or

(f) Does not prepare, but offers for sale only PREPACKAGED FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY;

i. The name, title, address, and telephone number of the PERSON directly responsible for the FOOD ESTABLISHMENT;

j. A statement signed by the applicant that:

(1) Attests to the accuracy of the information provided in the application; and

(2) Affirms that the applicant will:

(a) Comply with this Code; and

(b) Allow the REGULATORY AUTHORITY access to the establishment as specified under Section 225.420(B)(1) and to the records specified under Sections 225.100(D)(2) and 225.270(E)(3) and Section 225.400(A)(4)(d)(6); and

k. Other information required by the REGULATORY AUTHORITY.

3. When A HACCP Plan Is Required.

a. Before engaging in an activity that requires a HACCP plan, a PERMIT applicant or PERMIT HOLDER shall submit to the REGULATORY AUTHORITY for approval a properly prepared HACCP plan as specified under Section 225.400(A)(4) and the relevant provisions of this Code if:

(1) Submission of a HACCP plan is required according to LAW;

(2) A variance is required as specified under Section 225.130(B)(1), Section 225.180(D)(10)(b), or Section 225.120(A)(1)(d)(3); or

(3) The REGULATORY AUTHORITY determines that a FOOD preparation or processing method requires a VARIANCE based on a plan submittal specified under Section 225.400(A)(2), an inspectional finding, or a VARIANCE request.

b. A PERMIT applicant or PERMIT HOLDER shall have a properly prepared HACCP plan as specified under Section 225.130(B)(2).

4. Contents Of A HACCP Plan. For a FOOD ESTABLISHMENT that is required under Section 225.400(A)(3) to have a HACCP plan, the plan and specifications shall indicate:

a. A categorization of the types of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS that are specified in the menu such as soups and sauces, salads, and bulk, solid FOODS such as meat roasts, or of other FOODS that are specified by the REGULATORY AUTHORITY;

b. A flow diagram by specific FOOD or category type identifying CRITICAL CONTROL POINTS and providing information on the following:

(1) Ingredients, materials, and EQUIPMENT used in the preparation of that FOOD; and

(2) Formulations or recipes that delineate methods and procedural control measures that address the FOOD safety concerns involved;

c. FOOD EMPLOYEE and supervisory training plan that addresses the FOOD safety issues of concern;

d. A statement of standard operating procedures for the plan under consideration including clearly identifying:

(1) Each CRITICAL CONTROL POINT;

(2) The CRITICAL LIMITS for each CRITICAL CONTROL POINT;

(3) The method and frequency for monitoring and controlling each CRITICAL CONTROL POINT by the FOOD EMPLOYEE designated by the PERSON IN CHARGE;

(4) The method and frequency for the PERSON IN CHARGE to routinely verify that the FOOD EMPLOYEE is following standard operating procedures and monitoring CRITICAL CONTROL POINTS;

(5) Action to be taken by the PERSON IN CHARGE if the critical limits for each CRITICAL CONTROL POINT are not met; and

(6) Records to be maintained by the PERSON IN CHARGE to demonstrate that the HACCP plan is properly operated and managed; and

e. Additional scientific data or other information, as required by the REGULATORY AUTHORITY, supporting the determination that FOOD safety is not compromised by the proposal.

5. Construction Permit.

a. The REGULATORY AUTHORITY shall after review and approval of plans issue a construction permit. The construction permit shall be posted in a conspicuous place in the establishment.

b. The construction permit is valid for twelve (12) months after approval. Extensions will only be granted with thirty-day notice prior to expiration and under the condition that plans have not changed since original submission.

c. The REGULATORY AUTHORITY reserves the right to suspend a construction permit for any violation of this Code.

B. Confidentiality.

1. Trade Secrets. The REGULATORY AUTHORITY shall treat as confidential in accordance with LAW, information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under Section 225.400(A)(2) and Section 225.400(A)(4).

C. Construction Inspection And Approval.

1. Request For Pre-Opening Inspection No Less Than Five (5) Business Days Before Proposed Opening. A current CONSTRUCTION PERMIT HOLDER or designated representative shall submit a request for a preopening inspection at least five (5) business days prior to the anticipated opening of the FOOD ESTABLISHMENT.

2. Preoperational Inspections. The REGULATORY AUTHORITY shall conduct one (1) 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, has established standard operating procedures as specified under Section 225.400(A)(2)(e), and is in compliance with law and this Code. The REGULATORY AUTHORITY may assess fees for additional preoperational inspections.

Section 225.410 Permit To Operate.

[Ord. No. 18-01, 2-1-2018]

A. Requirement.

1. Prerequisite For Operation. A PERSON may not operate a FOOD ESTABLISHMENT without a valid OPERATING PERMIT to operate issued by the REGULATORY AUTHORITY.

B. Procedure To Obtain Operating Permit.

1. Timeline For Request Of Operational Permit.

a. A current CONSTRUCTION PERMIT HOLDER must request a PRE-OPENING INSPECTION at least five (5) business days prior to opening.

b. If approval is granted during the PRE-OPENING INSPECTION, the following items will be issued:

(1) An INSPECTION REPORT stating facility is APPROVED TO OPEN AND OPERATE UPON RECEIPT OF CASS COUNTY OPERATING PERMIT.

(2) An OPERATING PERMIT INVOICE. PERMIT FEE balance is based on operational risk rating.

c. A current OPERATING PERMIT holder must renew an OPERATING PERMIT no less than thirty (30) business days prior to the expiration date of the current OPERATING PERMIT.

2. Form Of Submission. A PERSON desiring to operate a FOOD ESTABLISHMENT shall submit to the REGULATORY AUTHORITY a current invoice with payment in full for an OPERATING PERMIT.

3. Qualifications And Responsibilities Of Applicants. To qualify for an OPERATING PERMIT, an applicant shall:

a. Be an owner of the FOOD ESTABLISHMENT or an officer of the legal ownership;

b. Comply with the requirements of this Code;

c. As specified under Section 225.420(B)(1), agree to allow access to the FOOD ESTABLISHMENT and to provide required information; and

d. Pay the applicable OPERATING PERMIT fees and/or any outstanding fees at the time the current invoice is submitted.

C. Issuance.

1. New, Converted, Or Remodeled Establishments. For FOOD ESTABLISHMENTS that are required to submit plans as specified under Section 225.400(A)(1), the REGULATORY AUTHORITY shall issue an OPERATING PERMIT to the applicant after:

a. A properly completed application is submitted;

b. The required fee is submitted;

c. The required plans, specifications, and information are reviewed and APPROVED;

d. A CONSTRUCTION PERMIT is obtained; and

e. A preoperational inspection as specified in Section 225.400(C)(1) 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.

2. Existing Establishments, Permit Renewal, And Change Of Ownership. The REGULATORY AUTHORITY may renew an OPERATING PERMIT for an existing FOOD ESTABLISHMENT or may issue an OPERATING PERMIT to a new owner of an existing FOOD ESTABLISHMENT after a properly completed application is submitted, reviewed, and APPROVED, the fees are paid, and an inspection shows that the establishment is in compliance with this Code.

3. Denial Of Application For Permit, Notice. If an application for an OPERATING PERMIT is denied, the REGULATORY AUTHORITY shall provide the applicant with a notice that includes:

a. The specific reasons and Code citations for the OPERATING PERMIT denial;

b. The actions, if any, that the applicant must take to qualify for an OPERATING PERMIT; and

c. Advisement of the applicant's right of appeal and the process and time frames for appeal that are provided in LAW.

D. Conditions Of Retention.

1. Responsibilities Of The Regulatory Authority.

a. At the time an OPERATING PERMIT is first issued, the REGULATORY AUTHORITY shall provide to the PERMIT HOLDER a copy of or web link to this Code so that the PERMIT HOLDER is notified of the compliance requirements and the conditions of retention, as specified under Section 225.410(D)(2), that are applicable to the OPERATING PERMIT.

b. Failure to provide the information specified in Subsection (D)(1)(a) of this Section does not prevent the REGULATORY AUTHORITY from taking authorized action or seeking remedies if the PERMIT HOLDER fails to comply with this Code or an order, warning, or directive of the REGULATORY AUTHORITY.

2. Responsibilities Of The Permit Holder. Upon acceptance of the OPERATING PERMIT issued by the REGULATORY AUTHORITY, the PERMIT HOLDER in order to retain the OPERATING PERMIT shall:

a. Post the OPERATING PERMIT in a location in the FOOD ESTABLISHMENT that is conspicuous to CONSUMERS;

b. Comply with the provisions of this Code including the conditions of a granted VARIANCE as specified under Section 225.390(C)(3), and APPROVED plans as specified under Section 225.400(A)(2);

c. If a FOOD ESTABLISHMENT is required under Section 225.400(A)(3) to operate under a HACCP PLAN, comply with the plan as specified under Section 225.390(C)(3);

d. Immediately contact the REGULATORY AUTHORITY to report an illness of a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE as specified under Section 225.050(A)(2);

e. Immediately discontinue operations and notify the REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD may exist as specified under Section 225.420(D)(1);

f. Allow representatives of the REGULATORY AUTHORITY access to the FOOD ESTABLISHMENT as specified under Section 225.420(B)(1);

g. Replace existing facilities and EQUIPMENT specified in Section 225.390(A)(1) with facilities and EQUIPMENT that comply with this Code if:

(1) The REGULATORY AUTHORITY directs the replacement because the facilities and EQUIPMENT constitute a public health HAZARD or nuisance or no longer comply with the criteria upon which the facilities and EQUIPMENT were accepted;

(2) The REGULATORY AUTHORITY directs the replacement of the facilities and EQUIPMENT because of a change of ownership; or

(3) The facilities and EQUIPMENT are replaced in the normal course of operation;

h. 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;

i. Accept notices issued and served by the REGULATORY AUTHORITY according to LAW; and

j. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in 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.

3. Permits Not Transferable. An OPERATING PERMIT may not be transferred from one (1) PERSON to another PERSON, from one (1) 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 as specified under Section 225.400(A)(2) and the change in operation is not APPROVED.

4. Food Employee Certificates.

a. Required. It shall be unlawful for any PERSON to engage in public food service in any capacity whatsoever who does not possess a current and valid food handler's card or manager's certificate, issued by the REGULATORY AUTHORITY.

b. Food Manager's Certificate. A food manager's certificate is required for all individuals employed by a FOOD ESTABLISHMENT in a management or PERSON IN CHARGE capacity. The certificate must be obtained by the individual no later than sixty (60) days from employment as a manager or PERSON IN CHARGE. A food manager's certificate shall be awarded to an individual only after successful completion of an ACCREDITED PROGRAM or course of instruction approved by the Director of Health covering the items listed in Section 225.040(A)(1) of this Code. A food manager's certificate shall be valid for four (4) years from the date of issue and shall be renewable upon presentation of evidence of completion of a refresher course covering the items listed in Section 225.050(A) of this Code. The REGULATORY AUTHORITY may waive the food manager's certificate requirement based on a risk analysis of the FOOD ESTABLISHMENT operation. The requirement for a food manager's certificate shall take effect ninety (90) days after a course of instruction has been approved by the Director of Health.

c. Food Handler's Card. A food handler's card is required for all individuals employed by a FOOD ESTABLISHMENT and who do not have a valid food manager's certificate. The food handler's card must be obtained by the individual no later than thirty (30) days from the date the individual is employed by the FOOD ESTABLISHMENT. A food handler's card shall be awarded to an individual only after successful completion of a course of instruction approved by the Director of Health covering the requirements of the Code pertaining to food handling, sanitation, and hygienic practices. A food handler's card shall be valid for four (4) years from the date of issue and shall be renewable upon presentation of evidence of completion of a refresher course in food handling, sanitation, and hygiene practices.

d. Food handler's cards or food manager's certificates will not be transferable from person to person, but shall be valid for the person to whom the card or certificate was issued in any food service establishment within the legal jurisdiction of the REGULATORY AUTHORITY.

e. One hundred percent (100%) of on-duty employees is required by July 1, 2012.

E. Suspension And Revocation.

1. Suspension.

a. An OPERATING PERMIT shall be suspended if:

(1) Conditions described in Section 225.420(D)(1) exist and the PERMIT HOLDER has not voluntarily discontinued operations; or

(2) The PERMIT HOLDER refuses access to the REGULATORY AUTHORITY for inspection as specified in Sections 225.420(B)(1) and 225.420(B)(2).

b. An OPERATING PERMIT may be suspended if upon reinspection, violations are not corrected within the time frame specified by the REGULATORY AUTHORITY.

2. Reinstatement. Any PERMIT HOLDER whose OPERATING PERMIT has been suspended, may at any time make application for the purpose of reinstatement of the OPERATING PERMIT. Within three (3) days following receipt of a written request, including a statement signed by the PERMIT HOLDER that in his or her opinion the conditions causing the suspension of the OPERATING PERMIT have been corrected, the REGULATORY AUTHORITY shall conduct a reinspection. Upon reinspection, if the conditions causing suspension of the OPERATING PERMIT have been corrected, the OPERATING PERMIT shall be reinstated.

3. Notice And Appeal. If an OPERATING PERMIT is suspended, the REGULATORY AUTHORITY shall provide the PERMIT HOLDER with a notice that includes:

a. The specific reasons and Code citations for the OPERATING PERMIT suspension;

b. The actions, if any, that the PERMIT HOLDER must take for OPERATING PERMIT reinstatement;

c. Advisement for the PERMIT HOLDER'S right of appeal and the process and time frames for appeal that are provided by LAW.

4. Revocation. An OPERATING PERMIT may be revoked for serious or repeated violations of any of the requirements of this Code. An OPERATING PERMIT shall be revoked only after the PERMIT HOLDER has been given written notice for a proposed revocation and has been afforded the opportunity for a hearing before the REGULATORY AUTHORITY. An OPERATING PERMIT may be suspended pending a hearing on the proposed revocation. The notice shall include:

a. The specific reasons and Code citations for the proposed OPERATING PERMIT revocation;

b. The actions the PERMIT HOLDER must take to request a hearing before the REGULATORY AUTHORITY;

c. Advisement of the PERMIT HOLDER'S right of a hearing and appeal and the process and time frames that are provided by Law.

Section 225.420 Inspection And Correction Of Violations.

[Ord. No. 18-01, 2-1-2018]

A. Frequency.

1. Establishing Inspection Interval.

a. Except as specified in Subsection (A)(1)(b) and (c) of this Section, the REGULATORY AUTHORITY shall inspect a FOOD ESTABLISHMENT at least once every six (6) months and as specified in Section 225.420(A)(2).

b. FOOD ESTABLISHMENTS shall be inspected at the following frequency as determined from the Priority Risk Assessment Worksheet (shown in Appendix I, held on file in the County offices):

(1) A High Priority Assessment shall require at least four (4) routine inspections per year;

(2) A Medium Priority Assessment shall require at least three (3) routine inspections per year;

(3) A Low Priority Assessment shall require at least two (2) routine inspections per year.

c. The REGULATORY AUTHORITY shall periodically inspect throughout its PERMIT period a TEMPORARY FOOD ESTABLISHMENT that prepares, sells, or serves UNPACKAGED TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) and that:

(1) 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

(2) Has inexperienced FOOD EMPLOYEES.

2. Performance- And Risk-Based. The REGULATORY AUTHORITY shall prioritize, and may 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 evaluation:

a. Past performance, for non-conformance with Code or HACCP PLAN requirements that are priority and/or priority foundation violations;

b. Past performance, for numerous or repeat violations of Code or HACCP PLAN requirements that are core violations;

c. Past performance, for complaints investigated and found to be valid;

d. The HAZARDS associated with the particular FOODS that are prepared, stored, or served;

e. The type of operation including the methods and extent of FOOD storage, preparation, and service;

f. The number of people served; and

g. Whether the population served is a HIGHLY SUSCEPTIBLE POPULATION.

B. Access.

1. 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.

2. Refusal, Notification Of Right To Access, And Final Request For Access. If a PERSON denies access to the REGULATORY AUTHORITY, the REGULATORY AUTHORITY shall:

a. Inform the PERSON that:

(1) The PERMIT HOLDER is required to allow access to the REGULATORY AUTHORITY as specified under Section 225.420(B)(1) of this Code;

(2) Access is a condition of the acceptance and retention of a FOOD ESTABLISHMENT PERMIT to operate as specified under Section 225.410(D)(2)(f); and

(3) 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; and

b. Make a final request for access.

3. Refusal, Reporting. If after the REGULATORY AUTHORITY presents credentials and provides notice as specified under Section 225.420(B)(1), explains the authority upon which access is requested, and makes a final request for access as specified in Section 225.420(B)(2), the PERSON IN CHARGE continues to refuse access, the REGULATORY AUTHORITY shall provide details of the denial of access on an inspection report system.

4. Inspection Order To Gain Access. If denied access to a FOOD ESTABLISHMENT for an authorized purpose and after complying with Section 225.420(B)(2), the REGULATORY AUTHORITY may:

a. Issue, or apply for the issuance of, an inspection order to gain access as provided in LAW; or

b. Issue Permit summary suspension order.

C. Report Of Findings.

1. Documenting Information And Observations. The REGULATORY AUTHORITY shall document in an inspection report system:

a. Administrative information about the FOOD ESTABLISHMENT'S legal identity, street and mailing addresses, type of establishment and operation as specified under Section 225.400(A)(2)(c), 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

b. Specific factual observations of violative conditions or other deviations from this Code that require correction by the PERMIT HOLDER including:

(1) Failure of the PERSON IN CHARGE to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this Code specified under Section 225.040(A)(1);

(2) Failure of FOOD EMPLOYEES and the PERSON IN CHARGE to demonstrate their knowledge of their responsibility to report a disease or medical condition as specified under Sections 225.050(A)(2) and (4);

(3) Non-conformance with PRIORITY AND/OR PRIORITY FOUNDATION ITEMS of this Code;

(4) 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 as specified under Section 225.390(C)(3);

(5) Failure of the PERSON IN CHARGE to provide records required by the REGULATORY AUTHORITY for determining conformance with a HACCP PLAN as specified under Section 225.400(A)(4)(d)(6);

(6) Non-conformance with CRITICAL LIMITS of a HACCP PLAN; and

(7) Failure to provide proper documentation for FOOD HANDLER cards will be considered a PRIORITY VIOLATION.

2. Other Documentation. The REGULATORY AUTHORITY may, as deemed necessary, utilize other forms of supporting documentation by taking pictures, videos, and collection of samples for laboratory analysis.

3. Specifying Time Frame For Corrections. The REGULATORY AUTHORITY shall specify in the inspection system the time frame for correction of the violations as specified under Sections 225.420(D)(1), 225.420(E)(1), and 225.420(F)(1).

4. Issuing Report And Obtaining Acknowledgment Of Receipt. At the conclusion of the inspection and according to LAW, the REGULATORY AUTHORITY shall provide a copy of the completed inspection report and the notice to correct violations to the PERMIT HOLDER or to the PERSON IN CHARGE, and request a signed acknowledgment of receipt.

5. Refusal To Sign Acknowledgment. The REGULATORY AUTHORITY shall:

a. Inform a PERSON who declines to sign an acknowledgment of receipt of inspectional findings as specified in Section 225.420(C)(3) that:

(1) An acknowledgment of receipt is not an agreement with findings;

(2) Refusal to sign an acknowledgment of receipt will not affect the PERMIT HOLDER'S obligation to correct the violations noted in the inspection report within the time frames specified; and

(3) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the REGULATORY AUTHORITY'S historical record for the FOOD ESTABLISHMENT; and

b. Make a final request that the PERSON IN CHARGE sign an acknowledgment receipt of inspectional findings.

6. Public Information. Except as specified in Section 225.400(B)(1), 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 as provided in LAW. The REGULATORY AUTHORITY may also post such inspection findings on the REGULATORY AUTHORITY'S internet web page.

D. Imminent Health Hazard.

1. Ceasing Operations and Reporting.

a. Except as specified in Subsection (D)(1)(b) 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.

b. A PERMIT HOLDER need not discontinue operations in an area of an establishment that is unaffected by the IMMINENT HEALTH HAZARD.

2. Resumption Of Operations. If operations are discontinued as specified under Section 225.420(D)(1) or otherwise according to LAW, the PERMIT HOLDER shall obtain approval from the REGULATORY AUTHORITY before resuming operations.

E. Violation Of Priority Item Or Priority Foundation Item.

1. Timely Correction.

a. Except as specified in Subsection (E)(1)(b) of this Section, a PERMIT HOLDER shall at the time of inspection correct a PRIORITY AND/OR PRIORITY FOUNDATION VIOLATIONS of this Code and implement corrective actions for a HACCP PLAN provision that is not in compliance with its CRITICAL LIMIT.

b. 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 ten (10) calendar days after the inspection, for the PERMIT HOLDER to correct PRIORITY AND/OR PRIORITY FOUNDATION Code violations or HACCP PLAN deviations.

c. The REGULATORY AUTHORITY shall specify a time frame not to exceed fourteen (14) calendar days after an audit for the PERMIT HOLDER to provide proper documentation of FOOD HANDLER CARDS. Failure to provide documentation will result in the charge of a reinspection fee.

2. Verification And Documentation Of Correction.

a. After observing at the time of inspection a correction of PRIORITY AND/OR PRIORITY FOUNDATION VIOLATIONS or deviations, the REGULATORY AUTHORITY shall enter the violation and information about the corrective action on the inspection report.

b. As specified under Section 225.420(E)(1)(b), after receiving notification that the PERMIT HOLDER has corrected a PRIORITY AND/OR PRIORITY FOUNDATION VIOLATION or HACCP PLAN deviation, or at the end of the specified period of time, the REGULATORY AUTHORITY shall verify correction of the violation, document the information on an inspection report, and enter the report in the REGULATORY AUTHORITY's health inspection system.

F. Core Item Violation.

1. Time Frame For Correction.

a. Except as specified in Subsection (F)(1)(b) of this Section, the PERMIT HOLDER shall correct CORE violations by a date and time agreed to or specified by the REGULATORY AUTHORITY but no later than ninety (90) calendar days after the inspection.

b. The REGULATORY AUTHORITY may approve a compliance schedule that extends beyond the time limits specified under Subsection (F)(1)(a) 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.

Section 225.430 Prevention Of Foodborne Disease Transmission By Employees.

[Ord. No. 18-01, 2-1-2018]

A. Investigation And Control.

1. Obtaining Information: Personal History Of Illness, Medical Examination, And Specimen Analysis. The REGULATORY AUTHORITY shall act when it has reasonable cause to believe that a FOOD EMPLOYEE or CONDITIONAL 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:

a. Securing a confidential medical history of the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE suspected of transmitting disease or making other investigations as deemed appropriate; and

b. Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected FOOD EMPLOYEE or CONDITIONAL EMPLOYEE.

2. Restriction Or Exclusion Of Food Employee, Or Summary Suspension Of Permit. Based on the findings of an investigation related to a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE who is suspected of being infected or diseased, the REGULATORY AUTHORITY may issue an order to the suspected FOOD EMPLOYEE, CONDITIONAL EMPLOYEE or PERMIT HOLDER instituting one (1) or more of the following control measures:

a. RESTRICTING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE;

b. EXCLUDING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE; or

c. Closing the FOOD ESTABLISHMENT by summarily suspending a PERMIT to operate in accordance with LAW.

3. Restriction Or Exclusion Order: Warning Or Hearing Not Required, Information Required In Order. Based on the findings of the investigation as specified in Section 225.430(A)(1) and to control disease transmission, the REGULATORY AUTHORITY may issue an order of RESTRICTION or EXCLUSION to a suspected FOOD EMPLOYEE or the PERMIT HOLDER without prior warning, notice of a hearing, or a hearing if the order:

a. States the reasons for the RESTRICTION or EXCLUSION that is ordered;

b. States the evidence that the FOOD EMPLOYEE or PERMIT HOLDER shall provide in order to demonstrate that the reasons for the RESTRICTION or EXCLUSION are eliminated;

c. States that the suspected FOOD EMPLOYEE or the PERMIT HOLDER may request an appeal hearing by submitting a timely request as provided in LAW; and

d. Provides the name and address of the REGULATORY AUTHORITY representative to whom a request for an appeal hearing may be made.

4. Removal Of Exclusions And Restrictions. The REGULATORY AUTHORITY shall release a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE from RESTRICTION or EXCLUSION according to LAW and the conditions specified under Section 225.050(C).

5. Violations And Penalties.

a. Violations. No PERSON shall violate any provision of this Code; nor shall any PERSON make a material misrepresentation or misstatement to the REGULATORY AUTHORITY concerning anything that is the subject of this Code; or fail to comply with any lawful order of the REGULATORY AUTHORITY made according to this Code.

b. Penalties.

(1) Any PERSON, including the responsible officer of any PERSON, who is convicted of violating any of the provisions of this Code shall be fined not more than one thousand dollars ($1,000.00) per violation, per each day, or sentenced to one (1) year in jail, or both.