Current through Rules and Regulations filed through September 23, 2024
(1)
Prerequisite for Operation.
(a) A PERSON may not operate a FOOD
ESTABLISHMENT without a valid LICENSE to operate issued by the
DEPARTMENT.Pf
(b) The LICENSE fee structure is as follows:
1. Tier 1 fee is $100;
2. Tier 2 fee is $150;
3. Tier 3 fee is $200;
4. Tier 4 fee is $250; and
5. Tier 5 fee is $300.
(c) There is no proration of the LICENSE
fee.
(d) FOOD ESTABLISHMENTS will
be assigned a LICENSE tier based on their level of risk, procedural effort, and
inspection time needed for the FOOD ESTABLISHMENT.
(e) LICENSES must be renewed annually on July
1. LICENSE fees will be increased by 50% for LICENSE HOLDERS that fail to renew
their LICENSES by September 1.
(2)
Submission 30 Calendar Days Before
Proposed Opening. An applicant shall submit an application for a LICENSE
at least thirty (30) calendar days before the date planned for opening a FOOD
ESTABLISHMENT.
(3)
Form of
Submission. A PERSON desiring to operate a FOOD ESTABLISHMENT shall
submit to the DEPARTMENT an application for a LICENSE on a form provided by the
DEPARTMENT.
(4)
Qualifications and Responsibilities of Applicants. To qualify for
a LICENSE, an applicant shall:
(a) Be an
owner of the FOOD ESTABLISHMENT or an officer of the legal ownership;
(b) Comply with the requirements of these
Regulations;
(c) As specified under
40-7-1-.41(3), agree
to allow access to the FOOD ESTABLISHMENT and to provide required information;
and
(d) Pay the applicable LICENSE
fees at the time the application is submitted.
(5)
Contents of the Application.
The application shall include:
(a)
The name, mailing address, telephone number, and signature of the PERSON
applying for the LICENSE and the name, mailing address, and location of the
FOOD ESTABLISHMENT;
(b) Information
specifying whether the FOOD ESTABLISHMENT is owned by an association,
corporation, individual, partnership, or other legal entity;
(c) A statement specifying whether the FOOD
ESTABLISHMENT:
1. Is mobile or stationary,
and
2. Is an operation that
includes one or more of the following:
(i)
Prepares, offers for sale, or serves TIME/TEMPERATURE CONTROL FOR SAFETY FOOD:
(I) Only to order upon a CONSUMER'S
request,
(II) In advance in
quantities based on projected CONSUMER demand and discards FOOD that is not
sold or served at an APPROVED frequency, or
(III) Using time as the public health control
as specified under
40-7-1-.12(9),
(ii) Prepares
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in advance using a FOOD preparation
method that involves two or more steps which may include combining
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ingredients; cooking; cooling;
reheating; hot or cold holding; freezing; or thawing,
(iii) Prepares only FOOD that is not
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, or
(iv) Does not prepare but offers for sale
only prePACKAGED FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD;
(d) The
name, title, address, and telephone number of the PERSON directly responsible
for the FOOD ESTABLISHMENT;
(e) The
name, title, address, and telephone number of the PERSON who functions as the
immediate supervisor of the PERSON specified under (d) of this section such as
the zone, district, or regional supervisor;
(f) The names, titles, and addresses of:
1. The PERSONS comprising the legal ownership
as specified under (b) of this section including the owners and officers,
and
2. The local resident agent if
one is required based on the type of legal ownership;
(g) A statement signed by the applicant that:
1. Attests to the accuracy of the information
provided in the application, and
2.
Affirms that the applicant will:
(i) Comply
with these Regulations, and
(ii)
Allow the DEPARTMENT access to the establishment as specified under
40-7-1-.41(3) and to
the records specified under
40-7-1-.09(19) and
40-7-1-.26(17) and
Subparagraph
40-7-1-.39(4)(d)6;
and
(h) Other
information required by the DEPARTMENT.
(6)
New, Converted, or Remodeled
Establishments. For FOOD ESTABLISHMENTS that are required to submit
plans as specified under
40-7-1-.39(1) the
DEPARTMENT shall issue a LICENSE to the applicant after:
(a) A properly completed application is
submitted;
(b) The required fee is
submitted;
(c) The required plans,
specifications, and information are reviewed and APPROVED;
(d) If conducted, a preoperational inspection
as specified in
40-7-1-.39(6) shows
that the establishment is built or remodeled in accordance with the APPROVED
plans and specifications and that the establishment is in compliance with these
Regulations; and
(e) Verification
of lawful presence within the United States has been completed, as required by
O.C.G.A. §
50-36-1.
(7)
Existing Establishments, License
Renewal, and Change of Ownership.
(a)
Applications are not required for the annual renewal of LICENSES issued as
described in
40-7-1-.40(1);
however, additional requirements may apply according to LAW.
(b) The DEPARTMENT may issue a LICENSE to a
new owner of an existing FOOD ESTABLISHMENT after a properly completed
application is submitted, reviewed, and APPROVED, the fees are paid, and an
inspection shows that the establishment is in compliance with these
Regulations.
(8)
Denial of Application for License, Notice. If an application for a
LICENSE to operate is denied, the DEPARTMENT shall provide the applicant with a
notice that includes:
(a) The specific
reasons and Regulation citations for the LICENSE denial;
(b) The actions, if any, that the applicant
must take to qualify for a LICENSE; and
(c) Advisement of the applicant's right to
request a hearing within the time frame provided in LAW.
(9)
Responsibilities of the
Department.
(a) At the time a LICENSE
is first issued, the DEPARTMENT shall provide to the LICENSE HOLDER a copy of
the conditions of retention, as specified under
40-7-1-.40(10), that
are applicable to the LICENSE.
(b)
Failure to provide the information specified in (a) of this section
does not prevent the DEPARTMENT from taking authorized action or seeking
remedies if the LICENSE HOLDER fails to comply with these Regulations or an
order, warning, or directive of the DEPARTMENT.
(10)
Responsibilities of the License
Holder. Upon acceptance of the LICENSE issued by the DEPARTMENT, the
LICENSE HOLDER, in order to retain the LICENSE, shall:
(a) Post the LICENSE in a location in the
FOOD ESTABLISHMENT that is conspicuous to CONSUMERS;
(b) Comply with the provisions of these
Regulations including the conditions of a granted VARIANCE as specified under
40-7-1-.38(5) and
APPROVED plans as specified under
40-7-1-.39(2);
(c) If a FOOD ESTABLISHMENT is required under
40-7-1-.39(3) to
operate under a HACCP PLAN, comply with the plan as specified under
40-7-1-.38(5);
(d) Immediately contact the DEPARTMENT to
report an illness of a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE as specified under
40-7-1-.04(1)(b);
(e) Immediately discontinue operations and
notify the DEPARTMENT if an IMMINENT HEALTH HAZARD may exist as specified under
40-7-1-.41(12);
(f) Allow representatives of the DEPARTMENT
access to the FOOD ESTABLISHMENT as specified under
40-7-1-.41(13);
(g) Replace existing facilities and EQUIPMENT
specified in
40-7-1-.38(1) with
facilities and EQUIPMENT that comply with these Regulations if:
1. The DEPARTMENT directs the replacement
because the facilities and EQUIPMENT constitute a public health HAZARD or
nuisance or no longer comply with the criteria upon which the facilities and
EQUIPMENT were accepted,
2. The
DEPARTMENT directs the replacement of the facilities and EQUIPMENT because of a
change of ownership, or
3. The
facilities and EQUIPMENT are replaced in the normal course of
operation;
(h) Comply
with directives of the DEPARTMENT including time frames for corrective actions
specified in inspection reports, notices, orders, warnings, and other
directives issued by the DEPARTMENT in regard to the LICENSE HOLDER'S FOOD
ESTABLISHMENT or in response to community emergencies;
(i) Accept notices issued and served by the
DEPARTMENT according to LAW; and
(j) Be subject to the remedies authorized in
LAW for failure to comply with these Regulations or a directive of the
DEPARTMENT, including time frames for corrective actions specified in
inspection reports, notices, orders, warnings, and other directives.
(11)
License Not
Transferable. A LICENSE may not be transferred from one PERSON to
another PERSON, from one FOOD ESTABLISHMENT to another, or from one type of
operation to another if the FOOD operation changes from the type of operation
specified in the application as specified under
40-7-1-.40(5)(c) and
the change in operation is not APPROVED.
O.C.G.A. Secs.
26-2-1 et.
seq.