Tazewell County Health Dept.

Environmental Tazewell Co. Ordinance Food Service Sanitation

Food Service Sanitation

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TITLE 6 – CHAPTER 3 FOOD SERVICE SANITATION

6 TCC 31. Definitions

6 TCC 32. Applicable Laws and Regulations

6 TCC 33. Plan Submission and Approval

6 TCC 34. Enforcement Provisions

6 TCC 35. Penalties

6 TCC 36. Repeal and Date of Effect

6 TCC 37. Unconstitutionality Clause


6 TCC 3-1. Definitions

In addition to the definitions contained in the Illinois Department of Public Health Food Service Sanitation Code and Retail Food Sanitation Code the following general definitions shall apply in the interpretation and enforcement of this ordinance:

ANNUAL PERMIT hereafter known as permit, shall mean a food license good from January 1 of the current year through December 31 of the current year.

APPROVED- acceptable to the Board of Health based on its determination as to conformance with good health practices and standards.

ADULTERATED- the condition of food if it:

1. bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

2. consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption;

3. has been processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or

4. is in whole or in part of the product of a diseased animal which has died otherwise than by slaughter.

5. Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

APPLICANT any person making application to the Board of Health for a permit

AUTHORIZED REPRESENTATIVE those persons designated by the Board of Health to enforce the provisions of this Ordinance.

BOARD OF HEALTH shall mean the Tazewell County Board of Health as the regulatory authority or its authorized representatives.

CATEGORY I FACILITY means a food service establishment that presents a high relative risk of causing foodborne illness based upon the large number of food handling operations typically implicated in foodborne outbreaks and/or the type of population served by the facility. Category I facilities include those where the following operations occur:

1. Cooling of time/temperature control for safety (TCS) foods occurs as part of the food handling operation at the facility;

2. TCS foods are prepared hot or cold and held hot or cold for more than 12 hours;

3. TCS foods cooked and cooled are reheated for hot holding;

4. Complex preparation of foods, extensive handling of raw occurs as part of the food handling operations at the facility;

5. Vacuum packaging, curing/ smoking meat to preserve it, pasteurizing juice on site for sale; shellfish life-support tanks; sprouting seeds and beans; and/or other forms of reduced oxygen packaging are performed at the retail level; fermentation of foods and/or altering the pH to modify the TCS quality of the food.

6. Immunocompromised individuals are served, where these individuals compromise the majority of the consuming population.

CATEGORY II FACILITY means a food service establishment that presents a moderate relative risk of causing foodborne illness based upon few food handling operations typically implicated in foodborne illness outbreaks. Category II facilities include those where the following operations occur:

1. Hot or cold foods are held at that temperature for no more than 12 hours and are restricted to same day services;

2. Foods prepared from raw ingredients use only minimal assembly; or

3. Foods that require complex preparation (whether canned, frozen, or fresh prepared) are obtained from approved food processing plants, or Category I Retail Food Service Establishments.

CATEGORY III FACILITY means a food service establishment that presents a low relative risk of causing foodborne illness based upon few or no food handling operations typically implicated in foodborne illness outbreaks. Category III facilities include those where the following operations occur:

1. Only prepackaged foods are available or served in the facility, and any time/temperature controlled for safety are commercially prepackaged in an approved processing plant;

2. Only limited preparations of non-time/ temperature controlled for safety and beverages, such as snack foods and carbonated beverages, occurs at the facility; or

3. Only beverages (alcoholic or nonalcoholic) are served at the facility.

CERTIFIED FOOD PROTECTION MANAGER is any individual who has completed a minimum of 8 hours of Illinois Department of Public Health-approved training for food service sanitation manager certification, inclusive of the examination, and received a passing score on the examination set by the certification exam provider accredited under standards developed and adopted by the Conference for Food Protection or its successor organization, shall be considered to be a certified food service sanitation manager and maintains a valid certificate.

CODE means the administrative rules adopted by the Illinois Department of Public Health pertaining to food establishments found at 77 IL Adm. Code 750 “Food Service Sanitation Code

CORE ITEM-

1. “Core item” means a provision in this Code that is not designated as a priority item or a priority foundation item.

2. “Core item” includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.

EQUIPMENT- stoves, ovens, ranges, hoods, slicers, mixers, meat blocks, tables, counters,
refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a food service establishment.

EXEMPT- are those organizations that are not required to pay an annual retail food service establishment permit fee.

EXEMPT ORGANIZATIONS- defined by the Tazewell County Board includes schools, churches, veteran/military organizations and governmental taxing bodies such as park districts, libraries, fire districts, police departments and townships.

FOOD- any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

FOOD HANDLER (FOOD EMPLOYEE)- any individual working with unpackaged food, food equipment or utensils, or food contact surfaces. “Food handler” does not include unpaid volunteers in a food establishment, whether permanent or temporary.

GOOD RETAIL PRACTICES- food safety management system to control basic operational and sanitation conditions within a food establishment.

HACCP PLAN- A written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Points principles developed by The National Advisory Committee on Microbiological Criteria for Foods.

LOCAL HEALTH DEPARTMENT- the Tazewell County Health Department (TCHD).

MISBRANDED- shall mean the presence of any written, printed, or graphic matter upon or accompanying food or containers of food which is false or misleading.

PERMIT the document issued by the Board of Health that authorizes a person to operate a food establishment.

PERMIT HOLDER the entity that is legally responsible for the operation of the food establishment, such as owner, the owner’s agent or other person, and possesses a valid permit to operate the food establishment.

PERSON- any individual, partnership, corporation, association, or other legal entity government or governmental subdivision or agency.

PERSON IN CHARGE (PIC) means the individual present at a food establishment who is responsible for the operation at the time of inspection.

PLAN REVIEW an evaluation process conducted by the Board of Health to ensure that food establishments are built or renovated according to current Code regulations or rules; to establish an organized and efficient flow of food; and to eliminate code violations prior to construction.

PREMISES the physical facility, its contents, and the contiguous land or property under the control of the permit holder.

PRIORITY ITEM-

1. “Priority items” means a provision in this Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard.

2. “Priority items” includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, handwashing; and

3. “Priority items” is an item that is denoted in this Code with a superscript P-P.

PRIORITY FOUNDATION ITEM-

1. “Priority foundation items” means a provision in this Code whose application supports, facilitates or enables one or more priority items.

2. “Priority foundation items” includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling; and

3. “Priority foundation items” is an item that is denoted in this Code with a superscript Pf -Pf.

REMODEL- altering the structure (does not include cosmetic remodel)

EXTENSIVE REMODEL OR CHANGE OF OWNER: 75% or greater of facility or any change in ownership.

• 100 to 1,000 Square Feet $150.00.

• Over 1,000 to 10,000 Square Feet $225.00.

• Over 10,000 Square Feet and Up $300.00.

MINOR REMODEL: Less than 75% of facility.

• 100 to 1,000 Square Feet $100.00.

• Over 1,000 to 10,000 Square Feet $150.00.

• Over 10,000 Square Feet and Up $200.00.

RETAIL FOOD SERVICE ESTABLISHMENT- an operation that stores, prepares, packages, serves, vends food directly to the consumer or any place where food is prepared and intended for, though not limited to, individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen type operations that prepare foods intended for individual portion service. The term does not include lodging facilities serving only a continental breakfast (a continental breakfast is one limited to only coffee, tea, and/or juice and commercial prepared sweet baked goods), private events, private homes or a closed family function where food is prepared or served for individual family consumption.

SANITIZATION means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

SEASONAL FOOD SERVICE ESTABLISHMENT- shall mean a food service operation, that is operated for not more than six months in a licensing period.

SINGLE SERVICE UTENSILS- cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles for onetime, one person use and then discarded.

SANITATION STANDARD OPERATING PROCEDURE (SSOP) is a written document of procedures or programs used to maintain an environment in a sanitary condition for food processes to reduce or eliminate foodborne illness risk factors. This also includes temperature monitoring systems and verification.

STANDARD OPERATING PROCEDURE (SOP) It is a step-by-step description of cleaning and sanitizing procedures to reduce or eliminate hazards concerning good retail practices.

TEMPORARY FOOD ESTABLISHMENT- a food service establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single special event or celebration.

TEMPORARY FOOD PERMIT- is issued to any facility meeting the temporary food service guidelines provided from the Tazewell County Health Department. Category III facilities who wish to provide food for a special event requiring activities that are not permitted under their current retail food service establishment permit must apply for a temporary food permit. A temporary food permit must be obtained if any food service establishment operates offsite from where their food service establishment permit is issued.

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (formerly “potentially hazardous food” (PHF)).

1) "Time/temperature control for safety food" means a FOOD that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

2) "Time/temperature control for safety food" includes:

a) An animal FOOD that is raw or heat-treated; a plant FOOD that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and

b) Except as specified in Subparagraph (3)(d) of this definition, a FOOD that because of the interaction of its AW and PH values is designated as Product Assessment Required (PA) in Table A or B of this definition

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3) "Time/temperature control for safety food" does not include:

a) An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae;

b) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

c) A food that because of its pH or Aw value, or interaction of Aw and pH values, is designated as a non-TCS food in Table A or B of this definition;

d) A food that is designated as Product Assessment Required (PA) in Table A or B of this definition and has undergone a Product Assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to:

i. Intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants, or nutrients,

ii. Extrinsic factors including environmental or operational factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use, or

iii. A combination of intrinsic and extrinsic factors; or

e) A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the Subparagraphs (3)(a) - (3)(d) of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

UTENSIL- any implement used in the storage, preparation, transportation, or service of food.

VARIANCE a written document issued by the Board of Health that authorizes a modification or waiver of one or more requirements of the Code

WHOLESOME- in sound condition, clean, free from contamination, and otherwise suitable for use as human food.

6 TCC 3-2. Applicable Laws and Regulations

The administrative rules adopted by the Illinois Department of Public Health pertaining to retail food establishments found at 77 IL Adm. Code 750 “Food Service Sanitation Code” and all subsequent amendments are hereby adopted by reference. The Board of Health is authorized to adopt rules to carry out the purpose of this ordinance. Three certified copies of each shall be on file in the office of the Tazewell County Clerk’s Office.

6 TCC 33. Plan Submission and Approval

1) When a retail food service establishment is constructed or the areas in which food is prepared and stored are extensively remodeled, or an existing structure is converted for use as a food service establishment, or changes ownership the plans and specifications for such construction, remodeling, or alteration shall be submitted to the Board of Health in a manner prescribed by the Board of Health for approval before such work has begun. When an existing retail food service establishment changes ownership, a new permit will be required and plans, and specifications submitted. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas where food is prepared and stored and the location, size, and type of equipment and facilities. A menu of food items expected to be prepared at the establishment must be submitted including sanitation standard operating procedures. Nothing in this section shall be construed to require the Board of Health approval of changes in the menu.

2) Whenever plans and specifications are required to be submitted to the Board of Health, the Board of Health's authorized representative shall inspect the Retail Food Service Establishment prior to the start of the operations, to determine compliance with the approval plans and specifications, and with the requirements of this ordinance.

3) For a food service establishment that is required to have a HACCP plan by the code, the plan specifications shall: include:

a) Food employee and supervisory training plan that addresses the food safety issues of concern.

b) Description of the product formulation and its intended use;

c) Flow diagram or operational procedures for the food preparation process indicating critical control points;

d) Hazards associated with each critical control point and preventative measures

e) Monitoring systems

f) Corrective actions plans for deviations from the critical limits

g) Record keeping procedures

h) Procedures for verification of HACCP system

1) The Board of Health shall treat as confidential in accordance with the law information relating to trade secrets and recipe formulation.

6 TCC 3-4. Enforcement Provisions

1. Permits: It shall be unlawful for any person to operate a Retail Food Service Establishment within the County of Tazewell who does not possess a valid permit which shall be issued annually by the Board of Health. Only a person who complies with the requirements of this ordinance shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person and place to another person and place. A valid permit shall be posted in conspicuous view of the public in every food service establishment. Permits for permanent Retail Food Service Establishment shall expire on December 31st of the year issued. Permits for temporary retail food service establishments shall be issued for a period not to exceed 14 consecutive days.

a) Issuance of Permits: Any person desiring to operate a food service establishment or or renew an expired permit shall make a written application for a permit at least one week prior to the date of opening and or expiration of permit on forms provided by the Board of Health. Such application shall be completed and signed by the owner or his/her representative and shall include the following:

i. The applicant’s full name, address, and whether such an applicant is an individual, firm or corporation. If a partnership, the names of partners and their addresses;

ii. The full name(s), addresses, certified food protection manager number(s), and certificate expirations date(s) of the full time managerial staff person(s) designated as the certified food manager(s);

iii. The address of the Retail Food Service Establishment

iv. The billing address of the Retail Food Service Establishment

v. The type of food service

vi. Whether the facility has changed its menu items or food handling practices in the last year; and

vii. The appropriate fee(s).

viii. Such fees shall be nonrefundable and payable upon receipt of an invoice issued by the Board of Health.

ix. Fees for permits issued after June 30 shall be prorated

x. When satisfied that the applicable requirements of this ordinance have been met, a permit shall be issued to the applicant by the Board of Health.

xi. Permits for permanent retail food service establishment shall expire on December 31st of the year issued.

b) Renewal of Permits: Whenever the review of the inspections for the previous year reveals repeated priority, priority foundation or core items, the permit may not be issued and the Board of Health shall notify the applicant immediately thereof. Such notice shall state the reasons for not renewing the permit. Such notice shall also state that an opportunity for a hearing shall be provided for the applicant at a time and place designated by the Board of Health. Such a hearing shall be scheduled not later than 10 days from the date of notice. The notice referred to in this paragraph shall be delivered to the applicant in person by the Board of Health or may be sent by registered mail, return receipt requested. A permit, which has expired, shall be removed from the establishment by the Board of Health.

c) Food Permit Fees: The annual fees for food permits shall be:

i. FOOD PERMITS (Initial & Renewal):

1. Category I Food Permit $350.00

2. Category II Food Permit $250.00

3. Category III Food Permit $150.00

ii. SEASONAL FOOD PERMIT FEES:

1. Category I Food Permit $175.00

2. Category II Food Permit $125.00

3. Category III Food Permit $ 75.00

iii. PLAN REVIEW FEES (NEW):

1. Category I Food Permit $400.00

2. Category II Food Permit $400.00

3. Category III Food Permit $400.00

iv. PLAN REVIEW (REMODEL AND CHANGE OF OWNER):

1. Category I Food Permit $100.00 $300.00

2. Category II Food Permit $100.00 $300.00

3. Category III Food Permit $100.00 $300.00

v. TEMPORARY FOOD PERMIT FEES:

1. Within 5 working days or more notice: per event $20.00

2. With less than 5 working day notice – per event $30.00

3. With less than five working day’s notice the second time or beyond per event $75.00

4. OnSite / Day of Event – per event $40.00

5. OnSite / Day of Event the second time per event $100.00 Multiple

6. PrePay Number of events x $18.00

d) Penalty Fees for late renewal shall be assessed as follows:

i. BOTH EXEMPT AND NONEXEMPT

1. LATE FEES (Beginning Jan 1 –Jan 10) Food Permit Late Fee $100.00

2. LATE FEES (Beginning Jan 11 – 31st): Food Permit Late Fee $100.00

a. Plus, Per Day Surcharge Number of Days x $5.00

3. LATE FEES (on February 1st)

4. Food Permit Terminated – Permit Holder Must ReApply For New Food Permit (A Plan Review WILL be Required) Late Fees Will Apply

e) Suspension of Permits: Permits may be suspended by the Board of Health for failure of the permit holder to comply with the requirements of this ordinance. A permit holder or operator 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 a hearing is filed with the Board of Health by the permit holder. Upon suspension of the permit, the permit shall be removed from the establishment by the Board of Health and returned to the Health Department. Notwithstanding the other provisions of this ordinance, whenever the Board of Health finds unsanitary or other conditions in the operation of a retail food service establishment which in its judgment, constitutes an imminent threat to the public health, the Board of Health may without warning, notice or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time within such action shall be taken and if operations as a retail food service establishment are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Board of Health shall be afforded a hearing as soon as possible.

f) Reinstatement of Suspended Permits: Any person whose permit has been suspended may at any time make application for a re-inspection for reinstatement of the permit. Within 10 days following the receipt of written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit has been corrected, the Board of Health shall make a re-inspection. If the applicant is complying with the requirements of this ordinance, the permit shall be reinstated.

g) Revocation of Permits: For violations of any of the requirements of this ordinance, or for interference with the Board of Health in the performance of its duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Board of Health. Prior to such action, the Board of Health shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five days following service of such notice, unless a request for a hearing is filed with the Board of Health, by the permit holder, within such 5-day period. A permit may be suspended for a cause pending its revocation or a hearing relative thereto.

h) Hearing: The hearings provided for in the ordinance shall be conducted by the

Board of Health 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 a provision for sufficient copies of the transcript. The Board of Health shall make a final finding 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 Board of Health within 10 days.

i) Application after Revocation: Whenever a revocation of a permit has become final, the holder of the revoked permit may make a written request for a new permit.

2. Inspections:

a) Frequency of Inspections: Facilities shall be inspected at least as often as prescribed by the following schedule:

i. Category I Facilities shall receive a minimum of three inspections per year, or two inspections per year if one of the following conditions are met:

1. A certified food protection manager is present at all time the facility is in operation (Incidental absences of the certified food service manager due to illness, short errands, off the premises, etc. shall not constitute a violation of this section, provided there is documentation that a certified food protection manager was scheduled to work at that time.

2. Employees involved in food operations receive a HACCP training exercise, in-service training in food service sanitations, or attend an educational conference or training on food safety or sanitation.

ii. Category II Facilities shall receive a minimum of one inspection per year.

iii. Category III Facilities shall receive a minimum of one inspection every two years.

b) Right of Way: The Board of Health, after proper identification, shall be permitted to enter at any reasonable time any food service establishment in the County of Tazewell, State of Illinois, for making inspections to determine compliance with this ordinance. They shall be permitted to examine the records of the establishments to obtain pertinent information pertaining to food

and supplies purchased, received, or used, persons employed, sanitation standard operating procedures and HACCP plans.

c) Report of Inspection: Whenever an inspection of a food service establishment is made, the findings shall be recorded on an inspection report form provided for this purpose, and shall furnish a copy of such inspection report form to the permit holder or operator. Remarks from the inspection shall reference, by section number, the section of the code or ordinance violated and shall state the correction to be made. Upon completion of an inspection, the Board of Health shall document priority, priority foundation, core and good retail practices and timelines for correction. The completed inspection form is a public document and shall be made available for public disclosure to any person who requests it under the Freedom of Information Act.

d) Correction of Violations: The timing and procedure for the correction of all violations noted shall be as provided in the Tazewell County Health Department Food Safety Enforcement Procedure.

3. Issuance of Notices

a) If an imminent health hazard exists, such as a complete lack of refrigeration, no running water or sewage backup, the establishment shall immediately cease food operations. Operations shall not be resumed until authorized by the Board of Health.

b) Timely Correction: (A) Except as specified in ¶ (B) of this section, a permit holder shall at the time of inspection correct a violation of a Priority Item or Priority Foundation Item of this Code and implement corrective actions for a HACCP Plan provision that is not in compliance with its Critical limit.

c) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the Board of Health may agree to or specify a longer time frame, not to exceed:

i. 72 hours after the inspection, for the permit holder to correct violations of a Priority Item; or

ii. 10 calendar days after the inspection, for the permit holder to correct violations of a Priority Foundation Item or HACCP Plan deviations.

d) In case of temporary establishments, all violations must be corrected prior to operation.

4. Service of Notices

Notices provided for under this section shall be deemed to have been properly

served when a copy of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested to the last known address of the permit holder. A copy of such notice shall be filed with the records of the Board of Health.

5. Examination and Condemnation of Food and/or Equipment

a) Food may be examined or sampled by the Board of Health as may be necessary to determine freedom from adulteration or misbranding. The Board of Health may, upon written notice to owner or person in charge, place a hold order on any food which is determined or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, food shall be permitted or be suitably stored. It shall be unlawful for any person to move or alter a hold order notice or tag placed on food by the Board of Health. Neither such food nor the containers thereof shall be relabeled, repackaged, or reprocessed, altered, disposed of, or destroyed without permission of the Board of Health, except on a order by a court of competent jurisdiction. After the owner or person in charge has had a hearing as provided in Section 634, and on the basis of evidence produced at such hearing, or on the basis of examination in the event of a written request for a hearing is not received within 10 days, the Board of Health may vacate the hold order or may, by written order, direct the owner or person in charge of food which was placed under the hold order to denature or destroy such food or bring it into compliance with the provisions of this ordinance. Such order shall be stayed if the order is appealed to a court of competent jurisdiction within five days.

b) Where equipment used in the preparation of food products is found to be a public health hazard, unsafe, unsuitable for use, or unsanitary, such equipment shall be taken out of use and a hold order (embargo) placed on said items by the Board of Health. Such equipment will not be altered, disposed of, or destroyed without permission of the Board of Health, except on an order by a court of competent jurisdiction. After the owner or person in charge had a hearing as provided in Section 634, and based on evidence produced at such hearing, or on the basis of examination in the event of a written request for a hearing is not received within 10 days, the Board of Health may vacate the hold order or may, by written order, direct the owner or person in charge of the equipment that was placed under the hold order to destroy such equipment or bring it into compliance with the provisions of this ordinance. Such order shall

be stayed if the order is appealed to a court of competent jurisdiction within five days.

6. Procedure When Infection is Suspected

When the Board of Health has reasonable cause to suspect possibility of disease transmission from any food service establishment employee, it shall secure a morbidity history for the suspected employee or make any other investigation as may be indicated, and take appropriate action. The Board of Health may require one or more of the following measures:

i. Immediate exclusion of the employee from any food handling activities as described in the code.

ii. Immediate closure of the establishment concerned until, in the opinion of the Board of Health, no further danger of disease outbreaks exists.

iii. Restrictions of employee’s services to some area of the establishment where there will be no danger of transmitting the disease.

iv. Adequate medical and laboratory examinations of the employee or other employees and of his or their body discharges.

7. Variances

a) 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 this variance. If a variance is granted, the regulatory authority shall retain the information in its records for the food establishment.

b) 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:

i. A statement of the propose variance of the Code requirement citing relevant code section numbers;

ii. An analysis of the rationale for how the potential public health hazardous and nuisances addressed by the relevant Code sections will be alternatively addressed by the proposal; and

iii. A HACCP plan if required as specified as it is relevant to the variance requested.

iv. If the regulatory authority grants a variance, or a HACCP plan is otherwise required, the permit holder shall:

1. Comply with the HACCP plans and procedures that are submitted and approved as a basis for the modification or waiver; and

2. Maintain and provide to the regulatory authority, upon request, records that demonstrate that the following are routinely employed;

a. Procedures for monitoring the critical control points,

b. Monitoring of the Critical Control Points,

c. Verification of the effectiveness of the operation or process, and

d. Necessary corrective actions if there is a failure at the Critical Control Point.

v. Any person who requests a variance from the provisions of these regulations shall have the burden of supplying the Board of Health's authorized representative with information that demonstrates the conditions exist which warrants the granting of a variance. All uncertainties shall be resolved in the interest of the public's health and safety.

c) The Board of Health may grant a variance if:

i. Such variance is consistent with the purpose and intent of the most current edition of the Illinois Food Service Code and its associated Acts and Codes and this Ordinance; and

ii. It is consistent with the protection of the public health; and

iii. In the opinion of the regulatory authority, a health hazard or nuisance will not result from the variance.

d) A variance shall be revoked or expire if:

i. In the opinion of the Board of Health the variance results in a health hazard or nuisance; or

ii. There is a change of circumstances from those supporting the variance; or

iii. There is a change of ownership of the Retail Food Service Establishment.

e) Any Retail Food Service Establishment for which the variance has been denied may appeal such denial by requesting a hearing before the Board of Health.

8. Equipment Standards

All new and replacement equipment shall meet or be equivalent to applicable National Sanitation Foundation (NSF) standards or, equivalent food equipment standards of another recognized testing agency that tests to NSF food equipment standards. If NSF food equipment standards do not exist for a piece of equipment, the equipment must be inspected and approved by this department before being placed into service.

6 TCC 3-5. Penalties

Any person who violated any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than

$500.00. In addition, thereto, such persons may be enjoined from continuing such violations. Each day upon which such violation occurs shall be constitute a separate violation.

6 TCC 3-6. Repeal and Date of Effect

This ordinance shall be in full force and effect upon its adoption as provided by law; and all previous versions of the Tazewell County Food Service Sanitation Ordinance, adopted by County Board of Tazewell County, is hereby repealed

6 TCC 3-7. Unconstitutionality Clause

Should any section, paragraph, sentence, clause, or phrase of this ordinance be unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. 

 

Last Updated on Monday, 16 July 2018 09:31