BENTON COUNTY
FOOD
SERVICE SANITATION ORDINANCE
AN ORDINANCE GOVERNING THE CONSTRUCTION, RENOVATION AND OPERATION OF FOOD SERVICE ESTABLISHMENTS WITHIN THE COUNTY, REQUIRING CERTAIN PERMITS, TRAINING AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
This ordinance is enacted pursuant to Section 192.300, RSMo 1986, 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 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 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 and Senior Services in accordance with this chapter or under Chapter 19 CSR 20-1.025 Sanitation of Food Establishments. Benton Counties’ policy will be the adoption of all additions, future changes, and or modifications by reference, title, chapter or subsection mandated by the Missouri Department of Health and Senior Services Food Code. This will fulfill the purpose of a self-updating food code that will only need the future revisions to be incorporated into the food service education program.
SECTION 2. APPLICABILITY These regulations apply to all food service establishments in Benton County
SECTION 3. DEFINITIONS The following words and phrases shall have the following meanings:
3.01 Board: The Benton County Health Department Board of Trustees.
3.02 The Code: The current recommendations of the Missouri Department of Health and Senior Services relating to food service.
3.03 Food Service Establishment: An operation that stores, prepares, packages, serves, vends, sells, or otherwise provides food for human consumption.
3.04 Regulating Authority: The Administrator of the Benton County Health Department or an authorized representative.
4.01 No person shall operate a food service establishment who does not have a valid permit issued to him by the regulating authority. Only a person who complies with the requirements of the ordinance and the code shall be entitles to receive or retain such a permit. Permits are not transferable. A valid permit shall be posted in every food establishment.
4.02 Any person desiring to operate a food service establishment shall make written application for a permit on forms provided by the regulating authority. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment, the signature of each applicant, and pay a renewable annual fee due by January 31st of each year of Thirty Dollars ($30.00). A Twenty Five Dollar ($25.00) late fee will be assessed to any establishment that submits payment past the due date.
4.03 Any person desiring to operate a temporary food service establishment shall make a written application for a permit. A Ten Dollar ($10.00) fee per event must be paid when the application is submitted. An inspection must be performed on the establishment prior to service.
4.04 Prior to approval of an application for a permit, the regulating authority shall inspect the proposed food service establishment to determine compliance with the requirements of this ordinance.
4.05 The regulating authority shall issue a permit to the applicant if its inspection reveals that the proposed food service establishment complies with the requirements of this ordinance.
4.06 The regulating authority may, without warning, notice or hearing suspend any permit to operate a food service establishment if the holder of the permit does not comply with the requirements of this ordinance, or if the operation of the food service otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by section 4.06 of this ordinance. When a permit is suspended, food service operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be offered an opportunity for a hearing within Twenty (20) days of receipt of a request for a hearing.
4.07 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 a hearing will be provided if a written request for hearing is filed with the regulating authority by the holder of the permit within Ten (10) days, from the date of suspension. The regulating authority may end the suspension at any time if reasons for suspension no longer exist.
4.08 The regulating authority may after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this ordinance or for interference with the regulating authority in the performance of duty.
4.09 Prior to revocation, the regulating authority shall notify, in writing, the holder of the permit or the person in charge, of the specific reason(s) for which the permit is to be revoked at the end of the Ten (10) days following service of such notice unless a written request for a hearing is filed with the regulating authority by the holder of the permit within such Ten (10) day period. If no request for hearing is filed within the Ten (10) day period the revocation of the permit becomes final.
4.10 A notice provided for this ordinance 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 know address of the holder of the permit. A copy of the notice shall be filed in the records of the regulating authority.
4.11 The regulating authority shall conduct the hearings provided for in the ordinance at a time and place designated by it. Any oral testimony given at a hearing shall be reported verbatim, and the presiding officer shall make provisions for sufficient copies of the transcript. The regulating authority shall make a final findings based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulating authority.
4.12 Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. If a new permit is requested a Thirty Dollar ($30.00) fee will be required before the permit will be issued.
4.13 An inspection of a food service establishment shall be performed a least once every year. Additional inspections of the food service establishment shall be performed as often as necessary for the enforcement of this ordinance.
4.14 Representatives of the regulating authority, after proper identification, shall be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with this ordinance. The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used.
4.15 Whenever an inspection of a food service establishment or commissary is made, the violations shall be recorded on the inspection report and shall state, the correction(s) to be made. The inspection report forms shall summarize the requirements of this ordinance. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public knowledge according to law.
4.16 Correction of violations. The completed inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be a accomplished within the period specified, in accordance with the following provisions:
(a) If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the regulating authority.
(b) In the case of temporary food service establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, establishment shall immediately cease food service operations until authorized to resume by the regulating authority.
(c) The inspection report shall state that failure to comply with any 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 if filed with the regulating authority within Ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within Twenty (20 days of receipt of the request
(d) Whenever a food service establishment is required under the provisions of section 4.15 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 exist. Opportunity for re-inspection shall be offered with in a reasonable time.
4.17
REVIEW OF PLANS
(a) Whenever a food service establishment is constructed or extensively remodeled or whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulating authority for review and approval plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulating authority for review and approval plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The regulating authority shall approve the plans and specifications if they meet the requirements of this ordinance. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulating authority.
(b) Whenever plans and specifications are required by section 4.16 (a) of this ordinance to be submitted to the regulating authority, the regulating authority shall inspect the food service establishment prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this ordinance.
4.18
PROCEDURE WHEN INFECTION IS SUSPECTED
(a) When the regulating authority has reasonable cause to suspect possible disease transmission by an employee of a food service establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The regulating authority may require any or all of the following measures:
(1) The immediate exclusion of the employee from employment in food service establishments.
(2) The immediate closing of the food service establishment concerned until, in the opinion of the regulating 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 and of his and their body discharges.
(b) Any person (or responsible officer of that person) who violates a provision of this ordinance and any person (or responsible officer of that person) who is the holder of a permit, or who otherwise operates a food service establishment that does not comply with the requirements of this ordinance, shall be guilty of a misdemeanor and on conviction thereof shall be fined not more than One Thousand Dollars ($1000.00) for each violation. Each day in which any such violation does continue shall be deemed a separate offense.
(c) The regulating authority may seek to enjoin violations of this ordinance.
(d) If any article, chapter, section, clause or phrase of this regulation is, for any reason held to be invalid by any count 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 regulating authority.
(e) Enforcement interpretation: This ordinance shall be enforced by the health authority in accordance with the interpretations thereof contained in the current edition of the “Missouri Food Code 19 CSR 20-1.025 Sanitation of Food Establishments Manual” as recommended by the Missouri Department of Health and Senior Services.
(f) Food service establishments outside jurisdiction: Food from food service establishments outside the jurisdiction of the Benton County Health Authority may be sold within the County of Benton if such food service establishments conform to the provisions of this ordinance or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the regulating authority may accept reports from responsible authorities in other jurisdiction where such food service establishments are located.