| 1.0 |
PURPOSE
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1.1 |
The purpose of these regulations are deemed necessary for the promotion
of public health, environmental health, and the prevention of outbreaks
and spread of communicable or infectious diseases.
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| 2.0 |
DEFINITIONS
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2.1 |
Department: The Tooele County Health Department.
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2.2 |
Director: The Director of the Tooele County Health Department
or an authorized representative.
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2.3 |
Employee: Shall mean any person who handles food or drink during
preparation, storage, or sale, or who comes in contact with a drink
container or utensils used in preparation of food or food products,
(or who is employed as a food handler at any time in a room in which
food or drink is prepared or sold).
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2.4 |
Food Service Establishment: Any place where food or drink is
prepared and intended for 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
sandwiches intended for individual portion service. The term does
not include private homes where food is prepared or served for individual
family consumption, retail food stores, the location of food vending
machines, supply vehicles, private parties for which a membership
fee is not required and religious activities when the public is
not invited to attend.
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2.5 |
Nuisance: Unlawfully doing any act which either annoys, injures
or endangers the comfort, repose, health or safety of any person,
or that renders a person insecure in life or the use of property.
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| 3.0 |
ISSUANCE OF PERMITS
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3.1 |
All food and beverage service workers must pass a Food Handlers
Examination and hold a valid Food Handlers Permit acceptable to
the Department. All employees Food Handlers Permits must be available
to the health authority for review on demand.
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3.2 |
Employees or volunteers who work not more than one to three
days in a temporary food service establishment shall be exempted
from obtaining a Food Handlers Permit, provided that the operator
of the temporary establishment has a valid Food Handlers Permit.
Volunteers who work in a food service establishment are also exempted
from obtaining a Food Handlers Permit, provided that at least one
person who is responsible for said establishment has a valid Food
Handlers Permit and directly supervises all volunteers.
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3.3 |
Examination of Food Handlers Cards: The Department shall issue
food handlers cards only to those persons who, after making proper
application, successfully pass a written examination based on the
requirements of the Code of Food Service Sanitation Regulations
adopted herein. The Department may prescribe such other requirements
as it deems necessary.
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3.4 |
Food Handlers Cards: A fee, as established by the Tooele County
Board of Health, shall be submitted by each applicant for food service
employment. Any person needing to obtain a copy of a valid permit
shall also submit a fee. The Department shall remit said fees to
the Tooele County Clerk.
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3.5 |
Expiration of Food Handlers Cards: All food service employees'
cards shall expire after a period of time as determined by the Tooele
County Board of Health, and must be renewed prior to expiration
date by proper application to the Department. Permits may be renewed
upon completion of requirements specified for issuance of a new
card, or any lesser requirements as specified by the Department.
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| 4.0 |
REVOCATION OF PERMIT || |
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4.1 |
The Department may, after providing opportunity for hearing,
revoke a permit for serious or repeated violations of any of the
requirements of these rules and regulations, or for interference
with the Department in the performance of duty.
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4.2 |
Prior to revocation, the Department 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 and that the permit
shall be revoked at the end of 10 days following service of such
notice unless a written request for hearing is filed with the Department
within the 10 day period.
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| 5.0 |
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5.1 |
The Tooele County Health Department, Environmental Health Division,
is charged with the enforcement of the provisions of these rules
and regulations.
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5.2 |
The Department may, if it determines a serious health hazard
exists, order closed all or part of a food service establishment's
operation(s).
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| 6.0 |
RIGHT TO APPEAL | |
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6.1 |
Within 10 calendar days after the Department has given a notice
of violation(s), any person(s) aggrieved by the notice may request
in writing a hearing before the Department. The hearing shall take
place within 10 calendar days after the request. A written notice
of the Director's final determination shall be given within 10 calendar
days after adjournment of the hearing. The Director may sustain,
modify, or reverse the action or order.
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| 7.0 |
PENALTY | |
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Any person who is found guilty of violating any of the provisions
of these rules and regulations, either by failing to do those acts
required herein or by doing a prohibited act, is guilty of a class
B misdemeanor pursuant to Section 26A 1 123, Utah Code Annotated,
1953, as amended. If a person is found guilty of a subsequent similar
violation within two years, he is guilty of a class A misdemeanor
pursuant to Section 26A 1 123, Utah Code Annotated, 1953, as amended.
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7.2 |
Each day such violation is committed or permitted to continue
shall constitute a separate violation.
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7.3 |
The County Attorney may initiate legal action, civil or criminal,
requested by the Department to abate any condition that exists in
violation of these rules and regulations.
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7.4 |
In addition to other penalties imposed by a court of competent
jurisdiction, any person(s) found guilty of violating any of these
rules and regulations shall be liable for all expenses incurred
by the Department in removing or abating any nuisance, source of
filth, cause of sickness or infection, health hazard, or sanitation
violation.
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| 8.0 |
SEVERABILITY | |
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8.1 |
If any provision, clause, sentence, or paragraph of these rules
and regulations or the application thereof to any person or circumstances
shall be held to be invalid, such invalidity shall not affect the
other provisions or applications of these regulations. The valid
part of any clause, sentence, or paragraph of these regulations
shall be given independence from the invalid provisions or application
and to this end the provisions of these regulations are hereby declared
to be severable.
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IN WITNESS WHEREOF, the Tooele County Board
of Health has passed, approved and adopted this regulation this
_____ day of _________, _______.
ATTEST: TOOELE COUNTY BOARD OF HEALTH
ATTEST: TOOELE
COUNTY BOARD OF HEALTH
______________________________ __________________________________
MYRON E. BATEMAN, Chairperson
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