ORDINANCE No. 98-1

AN ORDER REGULATING THE

OPERATION OF FOOD ESTABLISHMENTS

AND RETAIL FOOD STORES

AND PROVIDING PENALTIES

IN THE COUNTY OF HENRY, STATE OF MISSOURI

Purpose:      To establish up-to-date sanitation standards for food-service establishments and retail food stores designated in section 196.010 and 196.190, RSMO (1978) and Missouri code 19 CSR 20, using the most current recommendations of the Association of Food and Drug Officials, the Food and Drug Administration and the Missouri Department of Health and Senior Services.

AUTHORITY:  This ordinance is enacted pursuant to Section 192.300, RSMo 2007 (or the most current law), which provides, in part as follows: The county health board may make and promulgate orders, ordinances or rules and regulation, respectively, as will tend to enhance the public health and prevent the entrance of infectious, contagious, communicable or 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 and Senior Services in accordance with this chapter.  Any person, firm, corporation or association which violates any of the orders or ordinances adopted, promulgated and published by such county commission is guilty of a misdemeanor and shall be prosecuted, tried and fined as otherwise provided by law. The county health board has full power and authority to initiate the prosecution of any action under this section.

Section 1.     Definitions    As used in this ordinance the following words and phrases have the following meaning:

1.1 Environmental Public Health Specialist (EPHS) - A person who has graduated from an accredited four year college with major specialization in one or a combination following:  biology, chemistry, bacteriology, food science, soil science, sanitary service, or environmental health, or years of experience in qualifying areas may be substituted for deficiencies in the stated education, and taken courses and training required by the Missouri Department of Health and Senior Services.

1.2 Code - Henry County Food Service Regulations, which are based on the current Missouri Department of Health and Senior Services Regulations and the most recent Food Code of the United States Public Health Service - Food and Drug Administration.

.

1.3 HCHC - Henry County Health Center (HCHC).

1.4 Food Establishment - An operation that stores, prepares, packages, processes, serves, vends, or otherwise provides food for sale for human consumption, with these exceptions:

            A.        A produce stand that offers only whole, uncut, fresh fruit and                                           vegetables.

            B.        A kitchen in a private home if only food that is not potentially

                        hazardous is prepared for sale or service at a function such as a

                        religious or charitable organization's bake sale and if the                                               consumer is informed by a clearly visible placard at the sale                                                location that the food is prepared in a kitchen that is not subject to                                     inspection.    

1.5 Health Officer - The Administrator of the Henry County Health                               Center.

1.6 Mobile Food Vendor- A vehicle-mounted food service vendor designed to be readily moveable.  A mobile food vendor at a fixed location for more than 14 consecutive days or at anything other than a single event are not considered temporary food vendor.

1.7 Permit - A written authorization issued by the Henry County Health Center which authorizes the operation of a food establishment or vendor.

1.8. Person - An association, corporation, individual partnership, other legal entity, government, or governmental subdivision or agency.

1.9 Potentially Hazardous Foods - A food that is natural or synthetic and is capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

1.10 Retail Food Store - Any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption.  The term includes delicatessens that offer prepared food in bulk quantities only.

1.11 Seasonal Food Permit-A food vendor that operates for a period of less than 30 days per six months.

1.12 Temporary Food Vendor - A food vendor that operates for a period of less than 14 consecutive days in conjunction with a single event or celebration.

1.13 Other Definitions - All other definitions as listed in the most current Food Code of the United States Public Health Service - Food and Drug Administration and the most current recommendations of the Association of Food and Drug Officials are adopted for use in enforcement of this ordinance.

Section 2 -    Permit Applications

2.1 Requirements - A person may not operate a food establishment without a valid permit to operate issued by HCHC.

2.2 Applications -

A.        An applicant should submit an application for a permit at least thirty (30) calendar days before the date planned for opening a new food establishment.

                        B.        A person desiring to operate a food establishment shall

submit to HCHC a written application for a permit on a form provided by  HCHC.

Section 3      Issuance of Permits

3.1 New, converted, or remodeled establishments - HCHC may issue a permit to an applicant after applicant has completed and submitted the following:

·        a properly completed application

·        required fee is submitted

·         the required plans specifications and information are reviewed and approved

·        proof of approval from the appropriate regulatory agencies

·        preoperational inspection shows that the establishment is built and/or remodeled in accordance with the approved plans specifications and that the establishment is in compliance with the code and this ordinance.

The regulatory shall issue a permit to the applicant if its inspection reveals that the proposed food service establishment complies with the requirements of this ordinance. The food service establishment shall receive a priority rating of high, medium, or low according to the Public Health Food Service Establishment Priority Assessment guidelines as stated by the Department of Health and Senior Services in the Environmental Health Operational Guidelines. Establishments shall have at least one employee on duty during all hours of operation that has successfully completed an approved food safety training course. 

3.2 Existing establishments, permit renewal and change of ownership -  HCHC may renew a permit for an existing food establishment or may issue a 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 the current inspection shows that the establishment is in compliance with the code and this ordinance.

3.3 Temporary food vendor - HCHC may issue a permit for a temporary food vendor after a properly completed application is submitted, reviewed and approved and the fees are paid. An on-site inspection may be conducted at the discretion of the sanitarian.

3.4 Permits not transferable - A permit may not be transferred from one person to another person, from one food establishment to another, or from one type of operation to another.

3.5 Denial of application for permit - notice - If an application for a permit to operate is denied, HCHC shall provide the applicant with a notice that includes:

                        A.        The specific reasons and or code violations for the permit                                             denial.

                        B.        The actions, if any, that the applicant must take to qualify for                                          a permit.

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

                                    under this ordinance.

3.6 Permit period - A permit issued pursuant to this ordinance shall be valid for the period  requested in the application.

Section 4      Responsibilities of the Permit Holder

4.1 Requirements for retaining permit - Upon acceptance of the                              permit issued by HCHC, the permit holder shall:

                        A.        Post the permit in a location in the facility that is                                                   conspicuous to consumers.

B.        Comply with the provisions of the regulations, rules and orders of HCHC and shall operate establishment in accordance to this ordinance including the conditions of any granted variance and approved plans as specified in this ordinance.

C.        Comply with applicable state regulations including without limitation, 19 CSR 20-1.025

                        D.        Sign the acknowledgment of receipt of inspection findings.

E.        Immediately contact HCHC to report a communicable illness of an applicant or employee with the following diseases:

·        Hepatitis A

·        Salmonella

·        Shigella

·        Norwalk

as specified in the current food code for the State of Missouri.

                        F.         Immediately discontinue operations and notify                                                                HCHC if an imminent health hazard may exist.

G.        Comply with directives of HCHC including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department in regard to the permit holder's food establishment or in response to community emergencies.

                        H.        Accept notices issued and served by HCHC

                                    according to this ordinance.

                        I.         The permit holder shall be the person in charge or shall

                                    designate such a person and shall assure that the person

                                    in charge or designated person in charge is present at the

                                    food establishment during all hours of operation.  The

                                    person in charge or designated person(s) in charge must

                                    attend food handler's training annually.

J.         Allow representatives of HCHC, bearing proper credentials and identification, access to the food

                                    establishment for the purpose of inspection and

                                    investigation in accordance with this ordinance.

Section 5      Fees  

5.1 Permit fees - Will be collected at the time the permit is issued.  Fee will include the cost of annual inspection. Fee schedule is as follows.

A.   Food Establishments- per year   

 High Priority…………………………..……………$100.00

                    Medium Priority……………………………………. $75.00

                    Low Priority………………………….………………$50.00

                    Catering-per year…………………………………...$50.00

              B.  Seasonal permit-per six months…..…….…..........$40.00

              C. Temporary permit-per event………..……………... $20.00

5.2 Training fees - Training fee of $10.00 per person will be charged for training employees and charge persons, plus a charge may be made for the cost of materials and supplies.

·        Individual Training - At the request of the owner/manager, special on site training for employees will be provided for a fee of $100.00 plus $10.00 per person.

5.3 Additional inspection fees - Following any regular inspection, an additional fee of $25.00 will be charged on the First follow-up inspection.  If more than one follow-up inspection is required a $50.00 fee will be charged for each inspection.  In addition, a $25.00 fee will be charged for each written complaint that is subsequently substantiated by an inspection.

5.4 Amount of fees - The amount of fees shall not be more than the cost of administrating this ordinance.

Section 6      Responsibilities of HCHC

6.1 Copy of ordinance - At the time a permit is issued, HCHC shall provide to the permit holder one copy of the code and the ordinance so the permit holder is notified of the compliance requirements and the conditions of retention.

6.2 Training - HCHC shall schedule food handler training classes at such times to make them available to all food service and retail food staff.  Training classes will be held at least quarterly during regular office hours.  Requests for sessions at other times may be made to the Health Officer or EPHS.

Section 7      Inspections

7.1 Inspections conducted by - All inspections shall be conducted by an EPHS of the HCHC.

7.2 Inspections conducted when -   Frequency of inspection should be determined by public health priority, which is calculated by the Food Establishment Public Health Priority Assessment Worksheet.  Food establishments in the high-risk category should be inspected on a more frequent basis than medium risk facilities, which in turn, should be inspected on a more frequent basis than low risk facilities. An inspection of a food service establishment shall be performed based on the priority status of the establishment.  The priority schedule is as follows:

High Priority:           Inspection 2 times per year (6 months)

            Medium Priority:     Inspection every twelve (12) months

            Low Priority:            Inspection every twelve (12) months

Additional inspections of the food service establishment shall be performed as often as necessary for the enforcement of this ordinance. HCHC shall inspect a food establishment at least annually.  Frequency of complaint and compliance inspections will be determined by HCHC.

There will be no advance notification of inspections. All inspections will be unannounced.

Section 8      Restriction or Exclusion from Food Handling

8.1 Restriction or exclusion - Any food handler who tests positive for a communicable disease shall be restricted or excluded from a food handling procedure until the disease is no longer in the communicable stage.

            A) Release from restriction or exclusion - The determination that the communicable stage has lapsed shall be confirmed by the nursing staff of  HCHC in accordance with the Missouri Department of Health and Senior Services, "Policy and Procedure Manual for General Communicable Disease".  HCHC nursing staff shall consult with Missouri Department of Health – Northwest District consultants at their discretion.

8.2   Effective June 1, 2000, an amendment was adopted from the Missouri Dept. of Health, 1999 Missouri Food Code, 19 CSR 20-1.025 Sanitation of Food Establishments, Chapter 2: Management and Personal Cleanliness, 2-301.16 Hand Sanitizers, (2) Limited to situations that involve no direct contact with Food by bare hands, (C) A chemical hand sanitizing solution used as a hand dip shall be maintained clean and at a strength equivalent to at least 100 mg/L chlorine.     

Section 9      Closure

9.1 Automatic closure - Any food service or retail food establishment that has at least 6 critical items indicated on the inspection sheet shall automatically cease operations until such time as the critical items are determined, by re-inspection, to be corrected.

9.2 Other closure - Any food service or retail food establishment that is found to have a condition or situation that is an imminent public health hazard shall be required to cease operations until the condition or situation is corrected.

9.3 Re-Inspection - Re-inspection will be done within 24 business hours of notification that critical or hazardous items have been corrected.

9.4 Re-Training - The permit holder for a food service or retail food establishment that is served an automatic closure order shall renew their basic food handlers training.

Section 10    Penalties

10.1 Notice of violation - Any person found to be violating any provision of this ordinance shall be served by the department with a written notice, via certified mail, or in person, stating the nature of the violation and indicating mandated  time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violation.

10.2 Continued violation - Any person who shall continue a violation beyond the time limit provided in Section 10.1, shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not exceeding One Thousand Dollars ($1,000.00) for each violation.  Each day in which any such violation does continue shall be deemed a separate offense.

10.3 Violation of provisions - Any person violating any of the provisions of this section shall become liable to HCHC for any expense, loss or damage incurred by HCHC by reason of such violation.

Section 11    Appeals

Appeal hearings - Any person aggrieved by a decision of HCHC may appeal to the Henry County Health Center Board of Trustees by filing a written application with the health officer within thirty (30) days after being notified of the decision.   Appeal hearings to the Board of Trustees shall be conducted in accordance with the Boards adopted rules and procedures.

Section 12    Severability

If any section, clause, or phrase of this ordinance is, for any reason, held to be invalid by any court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.

Section 13    Amendments

This ordinance may be amended at any time pursuant to RSMo 192.300.

It is hereby ordered that all provisions of this ordinance regulating food service and retail food establishments; Ordinance No 98-1; and any rules and regulations connected therewith, be printed and available for distribution to the public in the office of the County Clerk, and this order shall be published in the Daily Democrat for three successive weeks, not later than 30 days after date of this order.

Revised and amended

HENRY COUNTY HEALTH CENTER BOARD OF TRUSTEES

BY:

_________________________                            _________________________

             Chairman                                                                      Vice-chairman

_________________________                            _________________________

             Member                                                                          Member

Attest: ___________________________

                        Secretary

         _________________________

                         Treasurer