| 1.0 |
PURPOSE
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1.1 |
The purpose of this regulation is to provide uniform regulations
for food service sanitation. These regulations are deemed necessary
for the promotion of public health, environmental health, the
prevention of outbreaks, and spread of communicable or infectious
diseases.
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| 2.0 |
2.0 DEFINITIONS | top
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As used in this regulation:
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2.1 |
Department means: The Tooele County Health Department.
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2.2 |
Director means: The director of the Tooele County Health Department
or an authorized representative. |
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2.3 |
Employee means: the permit holder, supervisory or management
personnel, or any other person working in a retail food store or
food establishment.
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2.4 |
Food Service Establishment means: any place where food and/or
drinks are 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 means: 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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2.6 |
Owner means: Any person who alone, jointly, or severally with others:
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a. |
has legal title to any premises, dwelling or dwelling unit, business,
or food establishment, with or without accompanying actual possession
thereof; or |
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b. |
has charge, care, or control of any premises, dwelling, dwelling
unit, business, or food establishment, as legal or equitable owner,
lessee, or is an executor, executrix, administrator, administratrix,
trustee, or guardian of the estate of the owner.
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2.7 |
Temporary Food Service Establishment means: a food service
establishment that operates for a period of time of not more than
14 consecutive days in conjunction with a single event or celebration.
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| 3.0 |
ISSUANCE OF PERMITS | top
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3.1 |
Any person desiring to operate a food service establishment
shall make written application for a permit on forms provided by
the Department. Such applications shall include the applicant's
full name and street address, the property owner's full name and
address, whether the applicant is an individual, firm or corporation
and if a partnership, the names of the partners together with their
address; the location and type of proposed food service establishment;
and the signature of the applicant or applicants. If the application
is for a temporary food service establishment it shall also include
the inclusive dates of the proposed operation.
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3.2 |
Prior to approval of an application for a permit the Department
shall inspect the proposed food service establishment to determine
compliance with the requirements of these rules and regulations.
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3.3 |
The Department shall issue a permit if the inspection reveals
that the food service establishment comes into compliance with these
rules and regulations. Maintenance of the permit is contingent on
compliance with these rules and regulations.
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3.4 |
New establishments, or existing establishments undergoing remodeling,
shall be required to submit plans to the Department for review and
approval. Persons wanting to open a food establishment in an existing
building shall be required to bring the facility into compliance
with current State and local food establishment codes prior to issuance
of a permit.
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3.5 |
All food service establishments shall comply with the Utah Indoor
Clean Air Act.
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| 4.0 |
PERMITS | top
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4.1 |
It shall be unlawful for any person to operate a food service
establishment within Tooele County and all cities and towns within
Tooele County, or its law enforcement jurisdiction, who does not
possess a valid permit issued to him by the Department. Permits
are not transferable. A valid permit shall be posted in every food
service establishment. Annual permits are valid for the calendar
year, renewable on the 31st of December of that year. |
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4.2 |
Each establishment shall submit a fee, as set by the Tooele
County Board of Health, with application for each permitting period. If the permit fee and
application have not been received by the 31st of December, a late
fee of $50.00 will be assessed. If the fee and application have
not been received by the 30th of January, the establishment will
be closed.
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4.3 |
Each temporary food service establishment shall submit a fee,
as set by the Tooele County Board of Health, with application for
each event.
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4.4 |
All food service establishments are placed into categories
according to the number and type of potentially hazardous foods
they serve and the risk for food-borne illness. The annual permit
fee amount and the number of routine inspections are determined
by the category in which an establishment is placed. The division
of categories are as follows:
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| Category I |
- Low risk establishments that serve three or less potentially
hazardous foods (i.e.-bars, taverns, private clubs, service stations). |
| Category II |
- Low risk establishments that serve more than three
potentially hazardous foods (i.e.-bars, taverns, private clubs,
convenience stores). |
| Category III |
-Medium risk establishments that serve more than three
potentially hazardous foods (i.e.-small fast food, day care centers,
catering services). |
| Category IV |
-High risk establishments that serve more than three
potentially hazardous foods (i.e.-large fast food chain restaurants,
full service restaurants, schools, grocery store deli's). |
| Category V |
-Temporary food service establishments.
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| 5.0 |
SUSPENSION OF PERMIT | top
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5.1 |
The Department may, without warning, notice, or hearing, suspend
any permit to operate a food service establishment if the holder
of the permit does not comply with the requirements of these rules
and regulations, or if the operation of the establishment does not
comply with the requirements of these rules and regulations, or
if the operation of the food service establishment otherwise constitutes
a substantial hazard to public health. Suspension is effective upon
service of the notice requirement in Section 5.2 of these rules
and regulations. When a permit is suspended, food service operations
shall immediately cease. Whenever a permit is suspended, the holder
of the permit shall be afforded an opportunity for a hearing within
10 days of receipt of a request for a hearing.
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5.2 |
Whenever a permit is suspended, the holder of the permit or
the person in charge 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 health authority by the holder of
the permit within 10 days. If no written request for hearing is
filed within 10 days, the suspension is sustained.
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5.3 |
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 receipt of a written request,
including a statement signed by the applicant that in this opinion
conditions causing suspension of the permit have been corrected,
the Department shall make a reinspection. If the applicant is complying
with the requirements of these rules and regulations, the permit
shall be reinstated.
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| 6.0 |
REVOCATION OF PERMIT | top
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6.1 |
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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6.2 |
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
will 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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| 7.0 |
ENFORCEMENT | top
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7.1 |
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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7.2 |
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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| 8.0 |
RIGHT TO APPEAL | top
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8.1 |
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 Director. The hearing shall take
place within 10 calendar days after the request. A written notice
of the Director's 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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8.2 |
Any person aggrieved by the decision of the director may file
an appeal with the district court within 30 days of the date of
the director's decision.
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| 9.0 |
PENALTY | top
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9.1 |
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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9.2 |
Each day such violation is committed or permitted to continue
shall constitute a separate violation.
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9.3 |
The county attorney may initiate legal action to abate any
condition that exists in violation of these rules and regulations,
or may file any other civil or criminal action concerning a violation
of this regulation.
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9.4 |
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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| 10.0 |
SEVERABILITY | top
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10.1 |
If any provision, clause, sentence, or paragraph of these
rules and regulations or the application thereof to any person regardless
of circumstances shall beheld to be invalid, such invalidity shall
not affect the other provisions or applications of these rules and
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
______________________________ __________________________________
MYRON E. BATEMAN, KATHY
TAYLOR,
Health Officer Chairperson
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