Paul Watson LEO SANDERS Kenny Killeen
Commissioner of District No. 1 Presiding Commissioner Commissioner of District No. 2
PUBLIC HEALTH NURSING SERVICE/HEALTH DEPARTMENT
202 West Main Street
P.O. Box 367
STEELVILLE, MISSOURI 65565
In Cooperation With
Missouri Department of Health and Senior Services
CRAWFORD COUNTY FOOD 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.
Section 1. Authority
This ordinance is enacted pursuant to Section 192.300 RSMo (1995), which provides in part as follows:
The county commission may make and promulgate orders and ordinances or rules and regulations, respectively, as will tend to enhance the public health and prevent the entrance of infectious, contagious, communicable and 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 in accordance with this chapter or by the department of social services under chapter 198 RSMo.
Section 192.300 RSMo authorizes the Crawford County Commissioners to establish and collect fees to pay for any costs incurred in carrying out such orders, ordinances, rules, or regulations. All money collected under the Crawford County Food Ordinance shall be deposited in the Crawford County Health Department account to be used for environmental health services in Crawford County.
Section 2. Applicability
These regulations apply to all food service establishments including, but not limited to, restaurants, processors, manufacturers, warehouses and distribution centers in Crawford County.
Section 3. Regulations
The inspection of food establishments and operations and the enforcement of this ordinance shall be regulated with 19 CRS 20-1-.025 Sanitation of Food Establishments, including any revisions, modifications, amendments to the rule, any re-adoption of the rule, and the adoption of any successor rule or rules, which may be enacted after the adoption of this ordinance. A copy shall be maintained on file in the office of the County Clerk, and shall be adopted by reference in whole.
Section 4. Definitions
4.1 Code refers to the Missouri Food Code, 19 CSR 20-1-025
4.2 Food Establishment means an operation that stores, prepares packages, serves, vends, or otherwise provides food for public human consumption.
4.3 Regulatory Authority is Crawford County Health Department and authorized representative(s).
4.4 Required Plans means plans that must be submitted as part of the permit approval process for new construction and remodeled facilities regulated under this ordinance. Plans must include information on the intended menu, floor plan, equipment and mechanical plans, construction materials, interior finish schedule, and other information that may be required by the regulatory authority for proper review to ensure compliance with the Code.
4.5 Approved Program means a food safety training program conducted by the Crawford County Health Department, a nationally recognized program, or that of another health department, which may be accepted upon review by the regulatory authority. Crawford County Health Department will provide training on a regular basis or as needed.
4.6 Distressed Food means food substances that are being stored or transported in a facility or vehicle that is involved in any type of accident, collision, fire, flood, weather-related or other type of disturbance which may adulterate the food substances, case food substances to be of questionable quality for human consumption.
4.7 Public Health Priority Assessment is a worksheet used to determine a priority rating (low, medium, high) for establishments, given past history of violations, types of food served, preparation requirements of foods served, number of meals served, and population served.
Section 5. Permit Application
5.1 A person may not own or operate a food establishment in Crawford County without a valid permit issued by the regulatory authority.
5.2 Only a person who complies with the requirements of this ordinance and the code shall be entitled to retain such a permit. A valid permit shall be posted in every food establishment.
5.3 Permits shall be renewed annually and shall be valid from January 1st to December 31st. Permit applications and fees must be submitted and approved before a permit is issued will result in establishment closing.
5.4 Applicants must submit a completed application for a permit to the Crawford County Health Department. Application forms are available at the Crawford County Health Department.
5.5 New establishments must submit application, fees, required plans, and specifications for approval no later than 14 business days prior to opening for business. A pre-opening inspection will be conducted by the regulatory authority, to determine if the establishment is in compliance with the code and this ordinance. If an existing establishment closes for remodeling purposes, a pre-opening inspection will be required. If a change of ownership or a change of location of an existing establishment occurs, renewal of the establishment’s permit shall be required along with any necessary plans. The permit shall be obtained by the owner of the establishment or by an officer of the legal ownership. Permits are not transferable.
A permit shall be valid from the date of issuance until December 31st of that year.
5.6 Religious, charitable, and non-profit organizations offering meal events at their facilities shall be exempt from this ordinance. These establishments are urged to follow food code.
5.7 A permit may be revoked or a permit application denied if the permit holder or applicant has failed to comply with any part of this rule until such time that the regulatory authority determines that they are in compliance. When a permit is revoked, the holder of the permit may apply for a new permit upon correction of all violations. While under revocation or denial, a food establishment may not be open to the public.
Section 6. Permit Compliance
6.1 Establishment inspections
Representatives of the regulatory authority, after identification, shall be permitted to enter any food establishment, have access to the entire facility, and take digital photos 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 purchases, received, or used.
The regulatory authority shall perform an inspection of a food establishment at least once annually or more often as determined by the Public Health Priority Assessment (low, medium, high priority) and availability of regulatory authority personnel. Additional inspections may be performed as necessary for the enforcement of this ordinance. Priority assessment shall be reviewed for each establishment annually.
Temporary food establishments shall have inspections conducted at the discretion of the regulatory authority. Factors that would influence the decision of the regulatory authority to inspect temporary food establishments are, but not limited to the following: availability of regulatory authority personnel during operation of the temporary food establishment, date of most recent inspection, past inspection history, and type of food prepared and served to the public by the establishment.
Restaurant inspections (observations, details, forms, etc.) may be published by the Crawford County Health Department as deemed appropriate. Restaurant inspections are public record and may be obtained for the regulatory authority, within three business days, upon written request.
6.2 Correction of violation
The completed inspection form shall specify a reasonable period of time for correction of the violations found, and a correct by date shall be set for each violation in accordance with the following provisions:
If an imminent health hazard is determined by the regulatory authority to exist, the establishment shall immediately cease all food operations until authorized by the regulatory authority to resume.
All critical violations shall be corrected as soon as possible, but in any event, within 72 hours following inspection. The permit holder shall contact the regulatory authority with 3 days after the inspection to report correction status.
All non-critical violations shall be corrected by time of mutually agreed upon by person in charge at time of inspection and the regulatory authority or next routine inspection. If non-critical item yet exist next routine inspection, item will be noted as a critical item.
In the case of a temporary food establishment, all violations shall be corrected with 24 hours. If violations are not corrected within 24 hours, the establishment shall cease operations until authorized to resume by the regulatory authority.
If, upon re-inspection, any violations are found to be uncorrected after the correct by date previously agreed upon, an additional follow up-inspection shall be scheduled. Failure to correct the specified violations upon a second follow up shall result in establishment closure until corrections are made and inspected by regulatory authority. Failure to correct specified violations after 3rd inspection by regulatory authority will result in a $50 fee and closing of the food establishment.
6.3 Prevention of food-borne disease transmission
The regulatory authority shall act when it has reasonable cause to believe that food borne disease transmission has occurred, by closing a food establishment in order to investigate a food-borne outbreak associated with the establishment until, in the opinion of the regulatory authority, no further danger of disease transmission exists.
The regulatory authority shall act when it has reasonable cause to believe that a food handler or handlers have possibly transmitted a disease, may be infected with a communicable-disease transmissible through food, may be a carrier of infectious of infectious agents which are transmissible through food, or are affected with a boil, infected wound, or acute respiratory infection by:
Making appropriate investigations, including securing a confidential medical history.
Requiring appropriate medical examinations, including collection of specimens for laboratory analysis of a suspected food handler or handlers.
By requiring the owner/manager to exclude or restrict and employee from working until cleared by a physician.
6.4 Distressed Foods and Disasters
Any time there is a incident involving transported foods, fire, interruption of water supply or power supply, a backup of sewage into the establishment, or any other event which may compromise the safety of the food or the sanitation of a food establishment, the owner or manager must immediately notify the regulatory authority and if so ordered cease all food operations and comply with all requirements for destruction, disposal, or reconditioning of food or food equipment as determined by the regulatory authority. The regulatory authority, for monitoring time of the distressed foods, shall bill transportation firms or food establishments as outlined in Section 8 (fees) of this ordinance.
6.5 Additional provisions
When, during the course of an inspection, the regulatory authority deems any food product(s) to be unsafe, the permit holder must comply with all requirements imposed by the regulatory authority for destruction, disposal, or reconditioning of the food in question.
The regulatory authority may, without warning or hearing, close any food establishment or revoke any permit to operate a food establishment for serious or repeated violations, for interference with the regulatory authority in the performance of duty, or if the operation of the food establishment otherwise constitutes an imminent hazard to public health. Revocation of the permit is effective upon service of the notice.
Listed below are examples of, but not limited to, violations that may result in revocation of a permit:
One (1) or more identical repeat critical items on two (2) consecutive inspections
Three (3) or more critical items on two (2) consecutive inspections
Ten (10) or more non-critical items on two (2) consecutive inspections
Failure to notify the regulatory authority when an imminent health hazard exists or has occurred.
Section 7. Violations/Penalties
Any person who violates any provisions of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1000 or by imprisonment for not more than 60 days, or by both fine and imprisonment. For each day during any portion of which any violation of the provisions of this article is found to exist and is continued, such person or persons is guilty of separate offenses for each day and shall be punished therefore provided.
Section 8. Fees
Permit Fee Charge Schedule. Determined by Public Health Priority Assessment
High Priority ---------------------------------------------------------------------------------------- $100.00
Medium Priority _______________________________________ $ 75.00
Low Priority___________________________________________ $ 50.00
Distressed Food________________________________________ $ 50.00 per hr
(Section 6.4), Billing will begin at time inspector begins assessment of incident and will stop upon conclusion of incident by inspector.
Exemption to Annual Fees includes senior nutrition sites and school cafeterias.
Business’s opening after July 1st of the year will be charged half of the fee and annual fee will still be due January 1st of the following year
Section 9. Grievance Process
Upon notice of denial or revocation of permit or closure, the permit holder may file a written request to the regulatory authority with Three (3) day of the notice to request a hearing with the regulatory authority to be held within 10 days of the request.
Section 10. Saving Clause
If any part of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this order.
Section 11.. Amendments
This ordinance may be amended at anytime pursuant to RSMo 192.300
BE IT ORDAINED AS FOLLOWS:
SECTION 1: THE CRAWFORD COUNTY COMMISSION HEREBY PROMULGATES AND ADOPTS THE CRAWFORD COUNTY FOOD ORDINANCE AS RECOMMENDED AND REQUESTED BY THE CRAWFORD COUNTY HEALTH DEPARTMENT.
SECTION 2: The County Clerk is herby ordered to have the Ordinance printed and available in his/her office for distribution to the public.
Section 3: A copy of this Ordinance shall be published in a newspaper of Crawford County for three successive weeks, with the first publication occurring not later than thirty (30) days after the adoption of this Ordinance.
Signed June 16, 2015
Leo Sanders, Presiding Commissioner
Paul Watson, District #1 Commissioner
Kenny Killeen, District #2 Commissioner
John G Martin, County Clerk
Kent Howald, Prosecuting Attorney