Current through Register Vol. 42, No. 11, August 30, 2024
(1) General. It
shall be unlawful for any person to operate a food processing establishment in
Alabama unless such person possesses a valid permit issued by the Health
Officer for the operation of such establishment. Only persons who comply with
the provisions of these rules shall be entitled to receive and retain such a
permit. Permits shall not be transferable with respect to person, food
processing establishment or location. The permit shall be kept posted by the
proprietor in a conspicuous place within the food processing establishment but
shall remain the property of the Health Department. The permit shall be
revocable for violation of these rules.
(2) Issuance of Permits.
(a) Any person desiring to operate a food
processing establishment shall make written application for a permit on forms
provided by the State Health Officer. Such application shall include the name
and address of each applicant, the location and type of the proposed food
processing establishment, and the signature of each applicant. The permits
shall be applied for and issued on forms prescribed by the State Health
Officer. Permits shall automatically expire on the date upon which state,
county and municipal annual privilege licenses expire or on a date designated
by the Health Officer, and shall be renewable each year upon written
application from the operator within ninety days prior to date of expiration
and upon compliance with the laws and rules.
(b) Prior to approval of an application for a
permit, the Health Officer shall inspect the proposed food processing
establishment to determine compliance with the requirements of these
rules.
(c) The Health Officer shall
issue a permit to the applicant if his inspection reveals that the proposed
food processing establishment complies with the requirements of these
rules.
(d) If products from the
food processing establishments are distributed in intercounty or interstate
commerce, the Health Officer shall forward copies of the application to the
State Health Officer. It shall be unlawful for the operator of a food
processing establishment to distribute products in intercounty or interstate
commerce if the operator does not possess a valid permit.
(e) The State Health Department is hereby
authorized to function as a clearinghouse for information concerning compliance
of Alabama food processing establishments which distribute products in
intercounty or interstate commerce. Copies of inspection reports on all such
establishments shall be forwarded to the State Health Department for review and
shall be maintained in the Department's records.
(f) A list of all Alabama food processing
establishments permitted to distribute their products in intercounty or
interstate commerce shall be furnished to each County Health Department
semiannually by the State Health Officer. Such lists shall contain the
establishment's name, address, and permit number. At any time the permit is
suspended, revoked, or is not renewed at the time of expiration, all County
Health Departments shall be immediately notified and shall also be notified
immediately concerning reinstatement and the issuance of new permits.
(g) The Health Officers of recipient counties
are hereby authorized to prohibit the sale and distribution of all products
from any food processing establishment located outside their jurisdiction which
does not hold a valid permit.
(3) Suspension of Permits.
(a) Permits may be suspended temporarily by
the Health Officer for failure of the permit holder to comply with the
requirements of these rules. When a permit holder fails to comply with any
notice issued under the provisions of Rule
420-3-20-.14(5),
the 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 shall be provided if a written request for a hearing is filed with the
Health Officer within seven days. If no written request for a hearing is filed
within seven days, the suspension is sustained. The Health Officer shall end
the suspension at any time if reasons for suspension no longer exist.
(b) Any person whose permit has been
suspended may, at any time, make application for a reinspection for the purpose
of reinstatement of the permit. Following receipt of a written request,
including a statement signed by the applicant that, in his opinion, the
conditions causing suspension of the permit have been corrected, the Health
Officer shall make a reinspection. If the applicant is complying with the
requirements of these rules, the permit shall be reinstated. Notwithstanding
the other provisions of these rules, whenever the Health Officer finds
insanitary or other conditions in the operation of a food processing
establishment which, in his judgement, constitutes a substantial hazard to the
public health, he may, without warning, issue a written notice to the permit
holder or operator citing such conditions, specifying the corrective action to
be taken, and specifying the time period within which such action shall be
taken; and, if deemed necessary, such order shall state that the permit is
immediately suspended, and all food processing operations shall be immediately
discontinued. Any person to whom such order is issued shall comply immediately
therewith.
(4)
Revocation of Permits.
(a) The Health Officer
may, after providing opportunity for hearing, revoke a permit for serious or
repeated violations of any of the requirements of these rules or for
interference with the Health Officer in the performance of his duty.
(b) Prior to revocation, the Health Officer
shall notify, in writing, the holder of the permit or the person in charge, the
specific reason(s) for which the permit is to be revoked and that the permit
shall be revoked at the end of the seven days following service of such notice
unless a written request for hearing is filed with the Health Officer by the
holder of the permit within such seven day period. If no request for hearing is
filed within the seven day period, the revocation of the permit becomes
final.
(5) Service of
Notice. A notice provided for in these rules is properly served when it is
delivered to the holder of the permit or the person in charge or when it is
sent by registered or certified mail, return receipt requested, to the last
known address of the holder of the permit. A copy of the notice shall be filed
in the records of the Health Officer.
(6) Hearings. Hearings shall be provided in
accordance with the rules of the Board.
(7) Application after revocation. Whenever a
revocation of a permit has become final, the holder of the revoked permit may
make written application for a new permit.
J. A. Brewer
Statutory Authority:
Code of Ala.
1975, §§
22-2-2(6),
22-20-5.
