Compilation of Rules and Regulations of the State of Georgia
Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE
Chapter 40-7 - FOOD DIVISION REGULATIONS
Subject 40-7-1 - RETAIL FOOD SALES
Rule 40-7-1-.42 - Compliance & Enforcement: Prevention of Foodborne Disease Transmission by Employees

Universal Citation: GA Rules and Regs r 40-7-1-.42

Current through Rules and Regulations filed through September 23, 2024

(1) Obtaining Information: Personal History of Illness, Medical Examination, and Specimen Analysis. The DEPARTMENT shall act when it has reasonable cause to believe that a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE has possibly transmitted disease; may be infected with a disease in a communicable form that is transmissible through FOOD; may be a carrier of infectious agents that cause a disease that is transmissible through FOOD; or is affected with a boil, an infected wound, or acute respiratory infection, by:

(a) Securing a confidential medical history of the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE suspected of transmitting disease or making other investigations as deemed appropriate; and

(b) Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected FOOD EMPLOYEE or CONDITIONAL EMPLOYEE.

(2) Restriction or Exclusion of Food Employee, or Summary Suspension of License. Based on the findings of an investigation related to a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE who is suspected of being infected or diseased, the DEPARTMENT may issue an order to the suspected FOOD EMPLOYEE, CONDITIONAL EMPLOYEE or LICENSE HOLDER instituting one or more of the following control measures:

(a) RESTRICTING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE;

(b) EXCLUDING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE; or

(c) Closing the FOOD ESTABLISHMENT by summarily suspending a LICENSE to operate in accordance with LAW.

(3) Restriction or Exclusion Order: Warning or Hearing Not Required, Information Required in Order. Based on the findings of the investigation as specified in 40-7-1-.42(1) and to control disease transmission, the DEPARTMENT may issue an order of RESTRICTION or EXCLUSION to a suspected FOOD EMPLOYEE or the LICENSE HOLDER without prior warning, notice of a hearing, or a hearing if the order:

(a) States the reasons for the RESTRICTION or EXCLUSION that is ordered;

(b) States the evidence that the FOOD EMPLOYEE or LICENSE HOLDER shall provide in order to demonstrate that the reasons for the RESTRICTION or EXCLUSION are eliminated;

(c) States that the suspected FOOD EMPLOYEE or the LICENSE HOLDER may request a hearing by submitting a timely request as provided in LAW; and

(d) Provides the name and address of the DEPARTMENT representative to whom a request for a hearing may be made.

(4) Removal of Exclusions and Restrictions. The DEPARTMENT shall release a FOOD EMPLOYEE, or CONDITIONAL EMPLOYEE from RESTRICTION or EXCLUSION according to LAW and the conditions specified under 40-7-1-.04(3).

O.C.G.A. Secs. 26-2-1 et. seq.

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