TITLE 6 – CHAPTER 3 - FOOD SERVICE SANITATION
6 TCC 3-1. Definitions
6 TCC 3-2. Applicable Laws and Regulations
6 TCC 3-3. Plan Submission and Approval
6 TCC 3-4. Enforcement Provisions
6 TCC 3-5. Penalties
6 TCC 3-6. Repeal and Date of Effect
6 TCC 3-7. Unconstitutionally 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, which terms are italicized the first time in this ordinance, the following general definitions shall apply in the interpretation and enforcement of this ordinance:
(a) BOARD OF HEALTH shall mean the Tazewell County Board of Health or its authorized representatives.
(b) HACCP PLAN where this ordinance explicitly refers to a HACCP plan, it shall be defined in Section 6-3-3 (c).
(c) CATEGORY I FACILITY means a food service establishment that presents a high relative risk of causing foodborne illness based on 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 potentially hazardous foods occurs as part of the food handling operation at the facility;
2. Potentially hazardous foods are prepared hot or cold and held hot or cold for more than 12 hours;
3. Potentially hazardous foods cooked and cooled must be reheated;
4. Potentially hazardous foods are prepared for off-premises service for which time-temperature requirements during transportation, holding, and service are relevant;
5. Complex preparation of foods, extensive handling of raw ingredients with hand contact for ready-to-eat foods occurs as part of the food handling operations at the facility;
6. Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or
7. Immuno-compromised individuals are served, where these individuals compromise the majority of the consuming population.
(d) CATEGORY II FACILITY means a food service establishment that presents a medium 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, high-risk food service establishments, or retail food stores.
(e) 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 pre-packaged foods are available or served in the facility, and any potential hazardous foods available are commercially pre-packaged in an approved processing plant;
2. Only limited preparations of non-potentially hazardous foods and beverages, such as snack foods and carbonated beverages, occurs at the facility; or
3. Only beverages (alcoholic or non-alcoholic) are served at the facility.
6 TCC 3-2. Applicable Laws and Regulations
The administrative rules adopted by the Illinois Department of Public Health pertaining to food establishments and retail food stores found at 77 IL Adm. Code 750 “Food Service Sanitation Code” and 77 IL Adm. Code 760 “Retail Food Store 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 3-3. Plan Submission and Approval
(a) When a food service establishment is constructed or the areas in which food is prepared and stored are extensively remodeled, or when an existing structure is converted for use as a food service establishment, 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 is begun. 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. When a facility is classified as a Category I facility, a menu of food items expected to be prepared at the establishment must be submitted with the plans including a Hazardous Analysis Critical Control Point (HACCP) Plan. Nothing in this section shall be construed to require the Board of Health approval of changes in the menu.
(b) Whenever plans and specifications are required to be submitted to the Board of Health, the Board of Health shall inspect the food service establishment or retail food store prior to the start of the operations, to determine compliance with the approval plans and specifications, and with the requirements of this ordinance.
(c) For a food service establishment that is required to have a HACCP plan, the plan and specifications shall indicate:
1. Description of the product formulation and its intended use;
2. Flow diagram or operational procedures for the food preparation process indicating critical control points;
3. Hazards associated with each critical control point and preventative measures
4. Monitoring systems
5. Corrective actions plans for deviations from the critical limits
6. Record keeping procedures
7. Procedures for verification of HACCP system
(d) 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
(a) Permits: It shall be unlawful for any person to operated a food service establishment or a retail food store 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 food service establishment and retail food stores shall expire on December 31st of the year issued. Permits for temporary food service establishments and temporary retail food stores shall be issued for a period of time not to exceed 14 days.
1. Issuance of Permits: Any person desiring to operate a food service establishment or renew an expired permit shall make a written application for a permit at least one week prior to the date of opening and expiration of permit forms provided by the Board of Health. All Category I facilities must have a HACCP plan in place within one year of adoption of this ordinance. Such application shall be completed and signed by the owner or his or 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, State of Illinois food service sanitation certificate ID number(s), and the State of Illinois food service sanitation certificate expirations date(s) of the full time managerial staff person(s) designated as the certified food handler(s);
iii. The address of the food service establishment or retail food store;
iv. The billing address of the food service or retail store;
v. The type of food service or retail food store;
vi. Whether the facility has changed its menu items or food handling practices in the last year; and
vii. The appropriate fee(s).
Upon receipt of such an application, the Board of Health shall determine compliance with the provisions of this ordinance.
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.
2. Renewal of Permits: Whenever the review of the inspections for the previous year reveals repeated critical violations of this ordinance, the permit will 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.
3. Fees: The fee schedule shall be as approved by the Board of Health, but shall not include fees for the issuance of permits.
4. Suspension of Permits: Permits may be suspended temporarily by the Board of Health for failure of the permit holder to comply with the requirements of this ordinance. Whenever 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 food service establishment or retail food store which in its judgment, constitutes a substantial hazard to the public health, they 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 period within such action shall be taken and if deemed necessary, such order shall state that the permit is immediately suspended, and all operations as a food service establishment or retail food store 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.
5. Reinstatement of Suspended Permits: Any person whose permit has been suspended may at any time make application for a reinspection for the purpose of 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 reinspection. If the applicant is complying with the requirements of this ordinance, the permit shall be reinstated.
6. Revocation of Permits: For critical or repeated 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.
7. Hearing: The hearings provided for in this 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.
8. Application after Revocation: Whenever a revocation of a permit has become final, the holder of the revoked permit may make a written inspection for new permit.
(b) Inspections:
1. 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 all of the following conditions are met:
1. A certified food service manager is present at all time the facility is in operation within one year of adoption of this ordinance (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 service sanitation 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; and
3. Maintaining monitoring charts
ii. Category II Facilities shall receive a minimum of two inspections per year.
iii. Category III Facilities shall receive a minimum of one inspection per year.
2. Right of Way: The Board of Health, after proper identification, shall be permitted to enter at any reasonable time any food service establishment or retail food store in the County of Tazewell, State of Illinois, for the purpose of 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 and HACCP plan.
3. Report of Inspection: Whenever an inspection of a food service establishment or a retail food store is made, the findings shall be recorded on an inspection report from 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 total the rating point values for all requirements in violation, and subtract that total from 100, the resulting total becomes the rating score for the establishment. The completed inspection form is a public document and shall be made available for the public disclosure to any person who requests it under the Freedom of Information Act.
4. Correction of Violations: The timing and procedure for the correction of all violations noted shall be as provided in the Tazewell County Health Department Rules.
(c) Examination and Condemnation of Food and/or Equipment
1. 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 disbranded. 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 6-3-4, 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 business days.
2. 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 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 6-3-4, 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 my 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 denature or 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 business days.
(d) 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 my require one or more of the following measures:
1. Immediate exclusion of the employee from any food handling activities
2. Immediate closure of the establishment concerned until, in the opinion of the Board of Health, no further danger of disease outbreaks exists.
3. Restrictions of employee’s services to some area of the establishment where there will be no danger of transmitting the disease.
4. Adequate medical and laboratory examinations of the employee or other employees and of his or their body discharges.
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 full force and effect within two months upon its adoption as provided by law; and the Tazewell County Food Service Sanitation Ordinance, adopted February 1972 and as amended thereafter, by the County Board of Tazewell County, is hereby repealed. Mandatory HACCP provisions will sunset on December 31, 2003.
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.
