Tazewell County Health Dept.

Environmental Tazewell Co. Ordinance Food Service Sanitation

Food Service Sanitation

E-mail Print PDF

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.                                          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:
 

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


ANNUAL 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:

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

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

               c)  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

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

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:
 

a. Cooling of potentially hazardous foods occurs as part of the food handling operation at the facility;
 

b. Potentially hazardous foods are prepared hot or cold and held hot or cold for more than 12 hours;
 

c. Potentially hazardous foods cooked and cooled must be reheated;
 

d. Potentially hazardous foods are prepared for off-premises service for which time-temperature requirements during transportation, holding, and service are relevant;
 

e. 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;
 

f. Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or
 

g. Immuno-compromised individuals are served, where these individuals compromise the majority of the consuming population.
 

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, Category I Retail Food Service Establishments, or a Retail Food Service Store.
 

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:
 

a. 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;
 

b. Only limited preparations of non-potentially hazardous foods and beverages, such as snack foods and carbonated beverages, occurs at the facility; or
 

c. Only beverages (alcoholic or non-alcoholic) are served at the facility.


CERTIFIED FOOD SERVICE MANAGER OR SUPERVISOR- a person certified in compliance with Section 750.540 of the Illinois Departrment of Public Health Food Service Sanitation Rules and Regulations, 1987 and any subsequent amendments or revisions thereto.


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- include 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.


HACCP PLAN where this ordinance explicitly refers to a HACCP plan, it shall be defined in Section 6-3-3 (c).


LOCAL HEALTH DEPARTMENT- The Tazewell County Health Department.


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.


PERSON- any individual, partnership, corporation, association, or other legal entity.


POTENTIALLY HAZARDOUS FOOD- any food that contains in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infections or toxigenic micro-organisms. The term does not include foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.


RETAIL FOOD SERVICE ESTABLISHMENT- 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 homes or a closed family function where food is prepared or served for individual family consumption, Retail Food Service Stores or the location of food vending machines.


RETAIL FOOD SERVICE STORE- any establishment or section of an establishment where food and food products are offered to the consumer and intended for, though not limited to, off-premise consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments that handle only pre-packaged spirits; roadside markets that offer only fresh fruits and fresh vegetables for sale; food service establishments; food and beverage vending machines. 


SANITATION SCORE- shall mean the Illinois Department of Public Health method for determining the number of debit points. This method is patterned after the United States Food and Drug Administration Model. A perfect score is 100 points. Each violation is categorized and has a corresponding value which is deducted from the 100 point score. (IL Adm. Code 750.20)


SANITIZED- effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level (when those disease organisms which may be present are destroyed so as to prevent transfer) on cleaned food-contact surfaces of utensils and equipment.


SEASONAL FOOD SERVICE ESTABLISHMENT- shall mean a food service operation, other than a mobile 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 one-time, one-person use and then discarded.


TEMPORARY FOOD ESTABLISHMENT- a food service establishment or a retail food store 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 atemporary 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.


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


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 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 or retail food service store 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, 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's authorized representative shall inspect the Retail Food Service Establishment or Retail Food Service 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 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 Retail Food Service Establishment or a Retail Food Service 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 Retail Food Service Establishment and Retail Food Service Stores shall expire on December 31st of the year issued.  Permits for temporary retail food service establishments and temporary retail food service stores shall be issued for a period of time not to exceed 14 consecutive days.
 

1. Issuance of Permits: Any person desiring to operate a food service establishment or retail food store 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. 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, 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 Retail Food Service Establishment or a Retail Food Service Store;
 

iv. The billing address of the Retail Food Service Establishment or a Retail Food Service 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).


vii. Such fees shall be non-refundable and payable upon receipt of an invoice issued by the Board of Health.


ix.  Fees for permits issued after June 30 shall be prorated with a monthly fee based on the annual renewal fee.


x.   Prior to opening a new retail food service establishment all employees must attend a food service sanitation training approved by the Board of Health.


xi.  At least one owner/manager who works at the facility must obtain a Food Service Sanitation Manager Certification from the Illinois Department of Public Health as defined in Section 750.540 of the Illinois Department of Public Health Food Service Sanitation Code.


xii. 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.


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

2. Renewal of Permits: Whenever the review of the inspections for the previous year reveals repeated critical violations, 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. Food Permit Fees: The annual fees for food permits shall be:

                  FOOD PERMITS (Initial & Renewal):

 

                        Category I Food Permit                       $350.00

 

                        Category II Food Permit                      $250.00

 

                        Category III Food Permit                      $150.00

 

 

 

            SEASONAL FOOD PERMIT FEES:

 

                                    Category I Food Permit                       $175.00

 

                                    Category II Food Permit                      $125.00

 

                                    Category III Food Permit                     $  75.00

 

 

 

            PLAN REVIEW FEES (NEW):

 

                                    Category I Food Permit                       $250.00

 

                                    Category II Food Permit                      $200.00

 

                                    Category III Food Permit                     $150.00

 

 

 

            PLAN REVIEW (REMODEL):

 

                                    Category I Food Permit                       $100.00

 

                                    Category II Food Permit                      $  75.00

 

                                    Category III Food Permit                     $  50.00

 

 

 

            TEMPORARY FOOD PERMIT FEES:

 

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

 

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

 

                                    On-Site / Day of Event – per event                             $40.00

                                    Multiple Pre-Pay Number of events x $18.00


4.  Penalty Fees for late renewal shall be assessed as follows:

 

BOTH EXEMPT AND NON-EXEMPT

 

LATE FEES (Beginning Jan 1 –Jan 10)

 

Food Permit Late Fee $100.00
 

 

LATE FEES (Beginning Jan 11 – 31st):

 

Food Permit Late Fee $100.00

 

Plus Per Day Surcharge Number of Days x $5.00

 

 

 

LATE FEES (on February 1st)

 

Food Permit Terminated – License Holder Must Re-Apply

 

 

 

For New Food Permit (A Plan Review WILL be Required)

 

Late Fees Will Apply


 

5. 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 or retail food service store which in its judgment, constitutes a substantial hazard 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 period within such action shall be taken and if operations as a retail food service establishment or retail food service 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.

 

6. 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.
 

7. 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.
 

8. 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.
 

9. 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.
 

(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 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 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 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) Issuance of Notices

1. 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.

2. When the rating score of the Retail Food Service Establishment or the Retail Food Service Store is 80 or above, all violations that are 4 or 5 point items, must be corrected within a periodof time not to exceed 10 days, a re-inspection may be conducted within a reasonable time interval to ensure correction. All violations noted on the inspection report that are of 1 or 2 point items must be corrected as soon as possible but in any event, by the time of the next routine inspection; or

3. When the rating score of the Retail Food Establishment or the Retail Food Service Store is between 79 and 76, all violations that are 4 or 5 point items, must be corrected within a periodof time not to exceed 10 days; and all violations of 1 or 2 point items must be corrected within a period of time not to exceed 30 days. A re-inspection shall be conducted within a reasonable time interval to ensure correction and;

4. When the rating score of the Retail Food Establishment or the Retail Food Service Store is 75 or less, the permit is subject to immediate suspension as provided in Section 6 TCC-3-4-4, herein. In case immediate suspension is not invoked, all 4 or 5 point items and all cleaning items shall be corrected within 48 hours of the time of inspection. Corrective action shall be initiated on all of the remaining violations. A re-inspection shall be conducted within a reasonable time interval to ensure correction. If, within the specified 48 hour time period, corrective action has not occurred, the retail Food Service Establishment or the Retail Food Service Store shall be closed as provided for in Section 6 TCC-3-4-4, herein.

5. In some instances, and if it is determined by the Board of Health that no potential health hazard exists over extended periods of time up to one year may be allowed to correct certain equipment and structural deficiencies. The Board of Health shall determine and clarify such extensions with the owner or operator in writing.

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


(d) 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.

(e) 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 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 days.
 

(f) 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.


(g) Variances

1. Any Retail Food Service Establishment or the Retail Food Service Store may request a variance from any requirement of this Ordinance and adopted reference when such an establishment believes that the requirement results in an undue economic hardship or when it is believed a standard may not apply to the specific situation.

2. Requests shall be submitted in writing to the Board of Health's authorized representative and shall include the name and location of the business, the name of the license or prospective license when applicable, and the section for which a variance is being requested. Evidence of undue economic hardship should include estimates and costs for compliance. If it is believed that a standard may not apply to the specific situation, an explanation shall be included.

3. 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.

4. 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; and

   iv.  The circumstances of the Retail Food Service Establishment or the Retail Food service Store are unique; and

    v.  The cost of compliance is so great that it would threaten economic viability of the Retail Food Service Establishment or the Retail Food Service Store that the facility would be in grave jeopardy if compliance were enforced; and

   vi.  The damage to the Retail Food Service Establishment or the Retail Food Service Store's economic viability is in fact caused by compliance.

5. 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 or the Retail Food Service Store.

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


(g) 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 within two months 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 Friday, 19 April 2013 14:12