AN ORDER REGULATING THE OPERATION OF FOOD ESTABLISHMENTS AND RETAIL FOOD STORES AND PROVIDING PENALTIES IN THE COUNTY OF ST. CLAIR, 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), 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.

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

1.1                   Certified Professional Sanitarian - A person who has obtained and maintained certification as a Certified Professional Sanitarian from the Missouri Board of Certification for Environmental Health professionals.

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

1.3                   Department - The St. Clair County Health Center.

1.4                   Food Establishment - An operation that stores, prepares, packages, processes, serves, vends, or otherwise provides food 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.

            C.        Any charitable or religious organization must inform the public by a clearly visible placard at the location that it is not subject to inspection. Placards must be obtained from the Health Department on a cost recovery basis.

1.5                   Health Officer - The Administrator of the St. Clair County Health Center.

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

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

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                Temporary Food Establishment - A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.

1.12                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 the department.

2.2                   Applications -

                        A.        An applicant shall submit an application for permit at least thirty (30) calendar days before the date planned for opening a food establishment or the expiration date of the current permit for an existing establishment.

                        B.        A person desiring to operate a food establishment shall submit to the department a written application for a permit on a form provided by the department.

                        C.        The application shall include:

                                    1.         The name, address, telephone number and signature of the person applying for the permit, and the name,  mailing address, telephone number and location of the establishment.

                                    2.         Information defining the establishment ownership; association, corporation, individual, partnership, or other legal entity.

                                    3.         Statement signed by the applicant that attests to the accuracy of information provided in the application.

                                    4.         Statement specifying the type of operation.

                                    5.         Location of establishment.

 

Section 3      Issuance of Permits

3.1                   New, converted, or remodeled establishments - The department may issue a permit to the applicant after a properly completed application is submitted, the required plans, specifications and information are reviewed and approved, applicant has provided proof of approval from the appropriate regulatory agencies, and a preoperational inspection shows that the establishment is built and/or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with the code and this ordinance.

3.2                   Existing establishments, permit renewal and change of ownership - The department 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, and an inspection shows that the establishment is in compliance with the code and this ordinance.

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

3.4                   Multi-function establishment - An establishment which operates on site food service and retail food service shall be required to obtain a permit for both departments.

3.5                   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.

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

                        A.        The specific reasons and 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.

3.7                   Permit period - A permit issued pursuant to this ordinance shall be valid for a period of one year from the date of issuance.

 

Section 4      Responsibilities of the Permit Holder

4.1                   Requirements for retaining permit - Upon acceptance of the permit issued by the department, 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 the department 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.        Sign the acknowledgment of receipt of inspection findings.

                        D.        Immediately contact the department to report a communicable illness of an applicant or employee as specified in the current food code for the State of Missouri.

                        E.        Immediately discontinue operations and notify the department if an imminent health hazard may exist.

                        F.         Comply with directives of the department 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.

                        G.        Accept notices issued and served by the department according to this ordinance.

                        H.        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 and designated person(s) in charge must attend food handler's training annually.

                        I.          Allow representatives of the department, 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                   Training fees - A charge may be made for the cost of materials and supplies.

5.2                   Additional inspection fees - Following any regular inspection, an additional fee will be charged if a follow-up inspection is required.

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

  

Section 6      Responsibilities of the Department

6.1                   Copy of  ordinance - At the time a permit is issued, the department 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 - The department shall schedule food handler training classes at such times to make them available to all food service and retail food staff.

 

Section 7      Inspections

7.1                   Inspections conducted by - All inspections shall be conducted by a sanitarian of the St. Clair County Health Center.

7.2                   Inspections conducted when - The department shall inspect a food establishment at least annually.  Frequency of complaint and compliance inspections will be determined by the department.

 

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.

8.2                   Release from restriction or exclusion - The determination that the communicable stage has lapsed shall be confirmed by the nursing staff of the department in accordance with the Missouri Department of Health's "Policy and Procedure Manual for General Communicable Disease".  The departments nursing staff shall consult with Missouri Department of Health - Southwest District consultants at their discretion.

 

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 providing a reasonable 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 the department for any expense, loss or damage incurred by the department by reason of such violation.

  

Section 11    Appeals

11.1                Appeal hearings - Any person aggrieved by a decision of the department may appeal to the St. Clair 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 which is the subject of the appeal.  Appeal hearings to the Board of Trustees shall be conducted in accordance with the Boards adopted rules and procedures.

 

Section 12    Severability

12.1                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

13.1                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 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 ________________________ for three successive weeks, not later than 30 days after date of this order.

 

ST. CLAIR COUNTY HEALTH CENTER BOARD OF TRUSTEES