Food Establishment Sanitation and Safety Regulation
F
Regulation No. 14-01
Adopted November 20, 2014
PURPOSE:
To establish permit compliance procedures for food establishments in Laclede County, including fees for costs incurred in the performance of duties described in these regulations. These duties include, but are not limited to, education, inspection, permit processing, and violation enforcement.
Section 1. AUTHORITY TO ADOPT REGULATION
This regulation is enacted pursuant to Chapter 192 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 or dangerous diseases into such county, but orders or ordinances and rules and 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.
The provisions of the U.S. Food and Drug Administration Current Good Manufacturing Practices 21 CFR (Code of Federal Regulations) Part 110 and the Missouri Code of State Regulations promulgated by the Missouri Department of Health & Senior Services concerning the management and personnel, employee restriction, food operations, equipment and facilities, and health and sanitation of food establishments, 19 CSR 20-1.025, including any revisions, modifications and amendments to the rule, any re-adoption of the rule, and the adoption of any successor rule or rules, which may be enacted after the adoption of this 2
regulation, shall apply to the enforcement of this regulation and are incorporated in this regulation by reference as though fully set forth herein, subject to the additions, modifications and substitutions specifically set forth in this regulation.
These rules and regulations apply in Laclede County to all food establishments as defined in this regulation.
Section 2. INCORPORATION BY REFERENCE OF MISSOURI FOOD CODE AND REGULATIONS NOT TO SUPERCEDE DEPARTMENT OF HEALTH & SENIOR SERVICES REGULATION AND RULES
The Laclede County Health Department is mandated by Sections 192.280 and 192.290 of the Revised Statutes of Missouri to enforce rules and regulations of the Missouri Department of Health & Senior Services promulgated in furtherance of Chapter 192. The Missouri Department of Health & Senior Services has adopted by reference thereto, the Missouri Food Code of the Federal Drug Administration as 19 CSR 20-1.025 subject to stated deletions and exceptions.
The Laclede County Health Department will enforce any code adopted by the Missouri Department of Health & Senior Services and legally in effect as State Regulation. This enforcement of whatever regulation that is legally in force is statutorily mandated in Section 192.280 and 192.290 of the Revised Statutes of Missouri.
These regulations are not intended to supersede statutes or regulations, but to establish Laclede County regulations for the establishments of fees, inspections, permit processing, violation enforcement, and related activities for food establishments.
Section 3. APPLICABILITY
These regulations apply to all food service providers in Laclede County meeting the “Food Establishment” definition. 3
Section 4. DEFINITIONS
The following words and phrases shall have the following meanings:
4.01 Board: The Laclede County Health Department Board of Trustees.
4.02 Code: The current Missouri Food Code adopted and used by the
Missouri Department of Health & Senior Services or the most recent
FDA Food Code as adopted by the State of Missouri.
4.03 LCHD: Laclede County Health Department.
4.04 MoDHSS: Missouri Department of Health & Senior Services.
4.05 Food Establishment: An operation that stores, prepares,
packages, serves, or otherwise provides food for human
consumption, and more particularly as the term “food establishment” is defined in Section 1-201.10(B) of the Code.
4.06 Temporary Food Establishment: A food establishment operating
for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration.
4.07 Provisional Permitting and Inspecting: Services provided to a nonprofit organization for food distribution at a charitable fundraising event, upon request by the host individual and/or agency.
4.08 Regulatory Authority: The Laclede County Health Department or an authorized representative.
4.09 Environmental Public Health Specialist (EPHS): A person who has graduated from an accredited four year college with major 4 specialization in one or a combination of the following: biology, chemistry, bacteriology, food science, soil science, sanitary service or environmental health; along with courses and training required by the MoDHSS.
4.10 Permit: A written authorization issued by the LCHD which authorizes a person to operate a food establishment or food vendor.
Section 5. PERMIT COMPLIANCE PROCEDURES
5.01 The regulatory authority is the issuing authority for the permits issued based upon receipt of application and compliance with these rules and regulations. There are three (3) types of permits: Food Establishment, Temporary Food Establishment, and Provisional. A provisional permit may be issued at the discretion of the regulatory authority in examples such as: nonprofit organizations that fall under the Internal Revenue Code Section 501(c) corporations, city/county municipalities, and faith based organizations for charitable fundraising events.
5.02 No person shall operate a food establishment or temporary food establishment that does not possess a valid “Laclede County Food Permit” (hereafter, “permit”) issued by the regulatory authority. Only a person who complies with these rules and regulations shall be entitled to receive and/or retain a permit. The permit is not transferrable from one person to another, one establishment to another, or one type of operation to another. A valid permit shall be posted in public view in every food establishment or temporary food establishment. Permits are valid January 1st through December 31st for a 12 month period, and must be renewed each year. Each permit shall be renewed on or before January 1st of each year. Renewal applications received incomplete or after the January 1st due date 5 will be assessed a closure order if the completed application is not received by January 15th . Temporary food establishment permit may be obtained for a “per event” or annual basis as specified above. Permits fees are detailed in Attachment #1 of this resolution.
5.03 Prior to approval of an application for a permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with the requirements of this regulation.
5.04 The regulatory authority shall issue a permit to the applicant if its inspection reveals the food establishment complies with the requirements of this regulation. The establishment shall receive a priority rating of high, medium, or low; according to the Food Establishment Public Health Priority Assessment guidelines as stated by the MoDHSS in the Environmental Health Operational Guidelines (EHOG).
5.05 Food establishments with a priority rating of high or medium shall have at least one employee on-site during all hours of operation that has successfully completed an approved food safety training course and/or demonstrates full knowledge of the Code. Failure to comply with this Section 2-102.11, 2-103.11 shall constitute a priority violation.
5.06 An inspection of a food establishment shall be performed based upon the priority status of the establishment. The priority schedule is as follows:
High Priority………………….Inspection every 3 months
Medium Priority…………….Inspection every 6 months
Low Priority…………………..Inspection every 9 months
Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this 6 regulation. Seasonal establishments that operate nine (9) months or less each year shall be inspected one (1) time per season of operation unless violations and/or complaints require additional inspections.
5.07 The EPHS, after proper identification shall be permitted to enter any food establishment at any reasonable time for the purpose of making inspections to determine compliance with this regulation. The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used.
5.08 Whenever an inspection of a food establishment is made, the findings shall be recorded on the Inspection Report. At the conclusion of the inspection, a copy of the completed Inspection Report shall be furnished to the person in charge of the establishment. The completed Inspection Report form is a public document, and shall be made available as a public document according to the Missouri Sunshine Law.
5.09 Food from food establishments outside the jurisdiction of LCHD authority may be sold within Laclede County if such food service establishment conforms to the provisions of this regulation or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the regulatory authority may accept a report from responsible authorities in other jurisdictions where such food service establishments are located.
Section 6. FEES
6.01 The Board will establish reasonable annual permitting, re-inspection, training and/or enforcement action fees to pay for any costs incurred in the performance of the duties described in these regulations. All 7 monies generated from the permitting, re-inspection, training and/or enforcement action shall be deposited into the LCHD’s general fund to be used for supporting the activities described in these regulations for which those fees were generated as set forth in Section 192.300 Revised Statutes of Missouri.
6.02 Nonprofit organizations that fall under the Internal Revenue Code Section 501(c) corporations, city/county municipalities and faith based organizations are exempt from the fee schedule and permitting requirements under Chapter 196, RSMo, Sections 196.056 and 196.298 for distribution of food at a charitable fundraising event. Upon request by the host individual and/or agency of a charitable fundraising event, the LCHD may provide provisional permitting and inspection services to the nonprofit organization.
Section 7. SUSPENSION / REVOCATION
7.01 The regulatory authority without warning, notice, or hearing may
suspend any permit to operate a food establishment if the holder of the permit does not comply with the requirements of this regulation, and/or if the operation of the food establishment constitutes an imminent and substantial hazard to public health. Suspension is effective upon service of the notice required by Section 8-404.13 of this regulation and food service operations shall immediately cease.
7.02 Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for hearing will be provided if a written request for hearing is filed with the regulatory authority by the holder of the permit within ten (10) days of receiving the suspension notice. The regulatory authority may end the suspension at any time if the 8 regulatory authority determines the reasons for suspension no longer exits.
7.03 The Board may, after providing opportunity for hearing, suspend or revoke a permit for serious or repeated violations of any of the requirements of this regulation or for interference with the EPHS in the performance of his/her duty.
Examples of violations of this regulation that shall result in suspension or revocation of a permit:
a. One (1) or more identical repeat priority violations on two (2) consecutive inspections;
b. Three (3) or more priority violations on two (2) consecutive inspections;
c. Ten (10) or more core violations on two (2) consecutive inspections;
d. Repeated violations on three (3) or more consecutive inspections;
e. Priority violations on three (3) or more consecutive inspections; or
f. An imminent health hazard.
7.04 A notice provided for in this regulation is properly served when it is delivered to the holder of the permit, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, or when the notice is posted on the entrance to the establishment. A copy of the notice shall be placed in the establishment file in the records of the regulatory authority.
7.05 The hearing provided for in this regulation shall be conducted by theBoard at a time and place designated by the Board. The Board shall make a final finding based upon the evidence presented and a 9 complete hearing record, and shall sustain, modify, or rescind any notice or order considered at the hearing. A written decision shall be furnished to the holder of the permit by the regulatory authority.
Hearings shall be conducted pursuant to Chapter 536, RSMo and any appeal to the courts shall be based upon the record of Chapter 536 RSMo.
7.06 Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit upon correction of priority and/or core violations as required by the Board, and be assessed the required permit fee.
Section 8. CORRECTION OF VIOLATIONS
8.01 The completed Inspection Report shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified, in accordance with the provisions of the current code.
1. If an imminent health hazard exists, such as a complete lack of refrigeration or water, or sewage backup into the establishment, the establishment shall immediately cease food service operations. Operation shall not be resumed until authorized by the regulatory authority.
2. All priority violation(s) as described in the current MoDHSS Food Code shall be corrected as soon as possible, but in any event, within 72 hours following the inspection. A follow-up inspection shall be conducted to confirm correction; there will be no charge for this follow-up inspection; however, if the establishment continues to have priority violation(s) and a second follow-up inspection is required, the establishment will be charged an additional inspection fee for each subsequent inspection required.
3. All core violation(s) as described in the current MoDHSS Food Code shall be corrected as soon as possible, but in any event, within 30 days. A follow-up inspection may be conducted to confirm correction; there will be no charge for this follow-up inspection; however, if the establishment continues to have core violation(s) and a second follow-up inspection is required, the establishment will be charged an additional inspection fee for each subsequent inspection required.
4. The Inspection Report shall state that failure to comply with time given for corrections may result in cessation of food service operations. An opportunity for hearing on the inspection findings or the time limitations, or both, will be provided if a written request is filed with the regulatory authority within ten (10) days following cessation of operations. If a request for hearing is received, a hearing shall be held within ten (10) days of receipt of the request.
5. Whenever a food establishment is required under provisions of this regulation to cease operations, it shall not resume operations until it is shown on re-inspection that conditions responsible for the order to cease operations no longer exists.
Section 9. PROCEDURE WHEN INFECTION IS PRESENTED
9.01 When the EPHS has reasonable cause to suspect possible disease transmission by an employee of a food service establishment, the EPHS may secure a morbidity history of the suspected employee or make any other investigation as indicted and shall take appropriate action to protect the public against this disease. The regulatory authority may require any or all of the following measures:
1. The immediate exclusion of the employee from employment in any food service establishments as defined by the Missouri Food Code;
2. The immediate closing of the food establishment concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists;
3. Restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting disease;
4. Adequate medical and laboratory examination of the employee and of other employees body discharges.
Section 10. REVIEW OF CONSTRUCTION DESIGN
10.01 Whenever a food establishment is converted or exclusively remodeled and whenever an existing structure is converted to use as a permanent food establishment the building requirements of the Missouri Food Code shall apply. The construction design of the food service area will be submitted to the EPHS for review and approval before construction, remodeling or conversion begins. The following items will be required: the proposed layout, arrangement, mechanical plans and the construction materials of work area. This provision is in addition to any County and/or City building codes.
10.02 The EPHS shall conduct a pre-opening inspection of the food establishment prior to the start of operations to determine compliance with the approved plans and requirements of this regulation.
Section 11. VIOLATIONS AND PENALTIES 12
Any person (or responsible officer or employer of that person) who violates a provision of these rules and regulations 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 any of its requirements (including safeguards established in connection with grants or variances or special exceptions) shall be guilty of a misdemeanor punishable as provided in 196.235 and 196.265 RSMo, and upon proper complaint may be prosecuted. Any person who violates this rule and regulation or fails to comply with any of its requirements shall upon conviction in a Court of Record, be fined and/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 exists shall be deemed a separate offense. Nothing herein contained shall prevent the County of Laclede or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. The regulatory authority may seek to enjoin violation of these rules and regulations.
Section 12. UNCONSTITUTIONALITY CLAUSE OR INVALIDITY CLAUSE
If any article, chapter, section, clause or phrase of this Regulation is, for any reason, held to be invalid by any court of competent jurisdiction, such decision shall not affect the remaining portions of this Regulation. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the regulatory authority.
Section 13. ADOPTION OF LOCAL EXCEPTION TO THE MISSOURI FOOD CODE
The Board specifically adopts the local exception to the Missouri Food Code as set forth in 19 CSR 20-1.025 and that provision is incorporated into these regulations by specific reference thereto. 13
Section 14. ENFORCEMENT INTERPRETATION
This Regulation shall be enforced by the regulatory authority in accordance with the interpretations thereof contained in the current edition of the “United States Department of Health and Human Services, Public Health Services, Food and Drug Administration Food Code as adopted by the Missouri Department of Health & Senior Services, and the Department of Health & Senior Services Environmental Health Operational Guidelines (EHOG) Manual.
All provision of this Regulation regulating food service and retail food establishments; Regulation No. 14-01; and any Rules and Regulations connected therewith, be printed an available for distribution to the public in the office of the County Clerk, and this Regulation shall be published in the newspaper for three (3) consecutive weeks, not later than thirty (30) days after date of said Regulation.
Adopted on by: Laclede County Health Department
Board of Trustees
Chair Vice-Chair
Treasurer Member
Attest:
Secretary
