Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Exclusions - Sections 8-302.14, 8-401.10, and 8-401.20 of the
document entitled 2013 edition of the United States Department of Health and
Human Services Food Code are specifically excluded from this
adoption.
(2)
Permit
required - It shall be unlawful for any person to operate a food
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 establishment, or location. The permit shall be kept posted by the
proprietor in a conspicuous place within the food establishment, but shall
remain the property of the Health Department. The permit shall be revocable for
violation of these rules.
(3)
Issuance of permits
(a) Any
person desiring to operate a food establishment shall make written application
for a permit on forms provided by the Health Officer. Such application shall
include the name and address of each applicant, the location and type of the
proposed food 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 one hundred fifty days prior to date of
expiration of food permits 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
establishment or review the inspection file of the food establishment to
determine compliance with the requirements of these rules.
(c) The Health Officer shall issue a permit
to the applicant if his/her inspection or review reveals that the proposed food
establishment complies with the requirements of these rules, including, when
required, verification that the permit holder or their designee, possess a
valid certification from an accredited program, issued within the previous five
years (60 months) or completion of an accredited program without certification
within the previous twelve months from the date of the permit application. The
permit shall be specific for the type of food establishment for which the
permit is requested on the application, as Priority Category 1, Priority
Category 2, Priority Category 3, or Priority Category 4.
(4)
Permit denials, suspensions, and
revocations - The Health Officer's denial, suspension and/or revocation
of a permit shall be governed by the Alabama Administrative Procedure Act,
§
41-22-1, et seq., Code
of Ala. 1975. The Department shall fulfill any request for license
or permit within 28 calendar days after receiving the application or notify the
applicant of the reason for failure to issue the license or permit.
(5)
Hearings -
(a) Contested case hearings shall be provided
in accordance with the Alabama Administrative Procedure Act, §
41-22-1, et seq., Code
of Ala. 1975, and the State Board of Health's Contested Case
Hearing Rules, Chapter 420-1-3. Informal settlement conferences may be
conducted as provided in the State Board of Health's Contested Case Hearing
Rules, Chapter 420-1-3.
(b) A
person may appeal a civil penalty assessed pursuant to the authority of Act
Number 2009-584 and 2015-156 (Catfish labeling law) by submitting a written
request for a hearing to the Department of Public Health. The written request
for hearing must be received by the Department within 15 days from the date the
person received written notice of the imposition of the civil penalty from the
Department. The written request for hearing shall be mailed to the following
address: Alabama Department of Public Health, Office of General Counsel, P.O.
Box 303017, Montgomery, Alabama 36130-3017. A copy of the written request for
hearing shall also be furnished to the health officer of the county from which
said penalty was imposed.
(6)
Suspension of permits -
Permits may be suspended temporarily by the Health Officer for failure of the
permit holder to comply with the requirements of these rules.
(7)
Revocation of permits - 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 or for
failure to comply with the provisions of a notice of permit suspension issued
under 420-3-22-.08(6).
(8)
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 after 90 days from the
date of revocation. The applicant shall demonstrate compliance with the
requirements of these rules and shall specifically set forth any change in
circumstances that would justify issuance of a new permit.
(9)
Inspection frequency
(a) Food establishments shall be inspected at
a minimum schedule based on their assigned Priority Category.
1. Priority Category 4 establishments shall
be inspected at least four times per year,
2. Priority Category 3 establishments shall
be inspected at least three times per year, when the sanitation score on the
last inspection was 94 or below and at least two times per year when the
sanitation score on the last inspection was 95 or above.
3. Priority Category 2 establishments shall
be inspected at least two times per year, and
4. Priority Category 1 establishments shall
be inspected at least one time per year.
5. Bars and lounges serving only beverages,
or only beverages along with Priority Category 2 food items, shall be inspected
at least annually.
6. Food
establishments earning a sanitation score of less than 85 on the last
inspection shall be inspected again within the next 60 days.
(b) Legal notices
(ADPH-F-Insp.-17/7-82 or similar form prescribed by the State Health Officer)
shall be issued when priority or priority foundation items are violated and the
necessary reinspections shall be made in accordance with
420-3-22-.08(13).
(c) Additional inspections of food
establishments shall be performed as often as necessary for the enforcement of
these rules.
(d) The State of
Alabama, Department of Public Health, shall make Food Sanitation Surveys and
Program Evaluations as determined by the State Health Officer. Surveys shall be
made in accordance with the provisions of these rules and the results
incorporated in the annual Alabama Public Health Report. The Department shall
provide education and training in food sanitation and in regulation
interpretation, standardized inspection techniques and enforcement procedures
for food protection program personnel.
(10)
Access - The Health
Officer, after proper identification, shall be permitted to enter any food
establishment at any reasonable time for the purpose of making inspections to
determine compliance with these rules. The Health Officer shall be permitted to
examine the records of the establishment to obtain information pertaining to
food and supplies purchased, received or used, or to persons
employed.
(11)
Report of
inspections -
(a) Whenever an
inspection of a food establishment is made, the findings shall be recorded on
the inspection report form prescribed by the State Health Officer. The
inspection report form shall summarize the requirements of these rules and
shall set forth a weighted point value for each requirement. Inspectional
remarks shall be written to reference, by rule number, the rule violated and
shall state the corrections to be made.
(b) The rating score of the establishment
shall be the total of the weighted point values for all violations subtracted
from 100, except as otherwise provided in this section. The original of the
inspection report form shall be conspicuously displayed for public view within
the establishment.
(c) When an
initial inspection finds that a new establishment has met the requirements of
these rules for obtaining a permit, the inspection results shall be reported as
"Approved for permit."
(d) The
score shall be promptly entered on the Food Inspection Chart or electronic file
in the county health department. A copy of the inspection report shall be filed
with the records of the county health department. The completed inspection
report form is a public document that shall be made available for public
disclosure to any person who requests it according to law.
(12)
Correction of violations
(a) The completed inspection report form
shall specify a reasonable period of time for the correction of the violations
found; and correction of the violations shall be accomplished within the period
specified, in accordance with the following provisions:
1. If an imminent health hazard exists, such
as extended interruption of electrical or water service, complete lack of
refrigeration, complete lack of hot water under pressure, sewage backup, misuse
of poisonous or toxic materials, onset of an apparent foodborne illness
outbreak, gross insanitary occurrence or condition, substantial damage due to
fire or flooding, or other circumstance that may endanger public health,
including an inspection score of less than sixty on an inspection for
enforcement purposes (not an inspection for training or survey purposes), the
establishment shall immediately cease operations. Operations shall not be
resumed until authorized by the Health Officer. A permit holder need not
discontinue operations in an area of an establishment if, in the opinion of the
Health Officer, the area is unaffected by the imminent health hazard.
2. Except as otherwise allowed in
420-3-22-.08(13)(a)3,
all violations of priority and priority foundation items shall be corrected as
soon as possible, but in any event, within three days for priority items and
ten days for priority foundation items following the inspection.
3. Failure of the permit holder or their
designee to have a valid certification from an accredited program issued within
the previous five years (60 months) or completion of an accredited program
without certification within the previous twelve months prior to the date of
the inspection, shall be corrected within 120 days.
4. All core items shall be corrected as soon
as possible, but in any event, by the time of the next routine inspection. The
Health Officer may approve a compliance schedule for core items that extends
beyond the time limits specified under this section if a written schedule of
compliance is submitted by the permit holder and no health hazard exists or
will result from allowing an extended schedule for compliance.
5. When the rating score of the establishment
is less than seventy, the establishment shall initiate corrective action on all
identified violations within 48 hours. One or more reinspections will be
conducted at reasonable time intervals to assure correction.
6. When the rating score of the establishment
is less than sixty on an inspection for enforcement purposes (not an inspection
for training or survey purposes), the permit shall be immediately suspended.
The permit shall remain suspended until all priority and priority foundation
items are corrected, the permit holder or their designee has registered to
attend an accredited program regardless of the Priority Category of the food
establishment, and the rating score is eighty-five or above. Reinspections will
be conducted at reasonable time intervals and in accordance with the provisions
of 420-3-22-.08(4).
7. In the case of temporary food service
establishments, all violations shall be corrected within 24 hours. If
violations are not corrected within 24 hours, the establishment shall
immediately cease food service operations until authorized to resume by the
Health Officer.
8. In the case of
mobile food units, all violations shall be corrected within the time limits set
by this rule. Priority and priority foundation violations on the mobile food
unit shall be considered failure to follow an approved plan of operations and
shall be noted as such on the commissary inspection report.
9. Failure to conspicuously post for public
view any document issued by the Health Officer and required by these rules to
be so posted, or any document required by law to be posted and with the Health
Officer as the enforcement authority, shall be corrected as soon as possible,
but in any event, within ten days following the inspection.
(b) The inspection report shall
state that failure to comply with any time limits for corrections may result in
cessation of operations. An opportunity for hearing on the inspection findings
or the time limitations or both will be provided if a written request is filed
with the Health Officer within 15 days following cessation of operations. If a
request for hearing is received, a hearing shall be held in accordance with
420-3-22-.08(5).
(c) Whenever a food establishment is required
under the provisions of
420-3-22-.08(4)
to cease operations, it shall not resume operations until it is shown on
reinspection that conditions responsible for the order to cease operations no
longer exist. Opportunity for reinspection shall be offered within a reasonable
time.
(13)
Vending
machines - For the purpose of these rules, provisions relating to
vending machines shall be enforced against the food processing establishment
providing food for placement in the vending machines. Except that,
nothing in this rule shall be construed to prevent the Health Officer from
taking any necessary action to abate a public health problem or nuisance
associated with a vending machine.
(14)
Examination and condemnation of
food -
(a) Food may be examined or
sampled by the Health Officer as often as necessary for enforcement of these
rules.
(b) The Health Officer may,
upon written notice to the owner or person in charge, specifying with
particularity the reason therefore, place a do not sell order on any food which
he believes is in violation of
420-3-22-.03 or any other section
of the rules. The Health Officer shall tag, label, or otherwise identify any
food subject to the do not sell order.
(c) No food subject to a do not sell order
shall be used, served or moved from the establishment. The Health Officer shall
permit storage of the food under conditions specified in the do not sell order
unless storage is not possible without risk to the public health, in which case
the food shall be destroyed in accordance with Section
22-10-3, Code of Ala.
1975.
(d) The do not
sell order shall state that a request for hearing may be filed within fifteen
days and that if no hearing is requested the food shall be destroyed. If a
request for hearing is received, the hearing shall be held in accordance with
the Rules of the Board. On the basis of evidence produced at that hearing, the
do not sell order may be vacated, or the owner or person in charge of the food
may be directed by written order to denature or destroy such food or to bring
it into compliance with the provisions of these rules.
Authors: Ronald Dawsey, Mark Sestak, Phyllis
Fenn
Statutory Authority:
Code of Ala.
1975, §§
22-2-2(6),
22-20-5.
