(A) Permits. It shall be unlawful for any person to operate a retail food service establishment within the county 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 shall expire on December 31 of the year issued. Permits for temporary retail food service establishments shall be issued for a period not to exceed 14 consecutive days. Permits issued to offsite temporary food permits shall be valid from the date of issue, shall expire no later than December 31 of that calendar year, and are valid for only the location(s) on the permit. Permits for multiple use seasonal temporary food are valid for a six-month period and expiring no later than December 31 beginning the first day the permit is issued and are valid only for the location on the permit.
(1) Issuance of permits. Any person desiring to operate a food service establishment or renew an expired permit shall make a written application for a permit at least one week prior to the date of opening and or expiration of permit on forms provided by the Board of Health. Such application shall be completed and signed by the owner or his/her representative and shall include the following:
(a) 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;
(b) The full name(s), addresses, certified food protection manager number(s), and certificate expirations date(s) of the full-time managerial staff person(s) designated as the certified food manager(s);
(c) The address of the retail food service establishment;
(d) The billing address of the retail food service establishment;
(e) The type of food service;
(f) Whether the facility has changed its menu items or food handling practices in the last year; and
(g) The appropriate fee(s).
(h) Such fees shall be nonrefundable and payable upon receipt of an invoice issued by the Board of Health.
(i) Permit fees for permanent food facilities issued after June 30 shall be prorated.
(j) When satisfied that the applicable requirements of this chapter have been met, a permit shall be issued to the applicant by the Board of Health.
(k) Permits for permanent retail food service establishment shall expire on December 31 of the year issued.
(l) Offsite temporary food permit applications must also include:
1. Proof of access to a commissary permitted by the Board of Health;
2. Proof of a certified food manager;
3. Hours of access to the commissary permitted by the Board of Health;
4. A list of all items to be prepared and served during the course of permit;
5. Proof of approval from the local governing body to operate in the location for which they have applied;
6. A list of all equipment to be utilized;
7. Dates and locations of operations; and
8. Hours of operation including set up and tear down.
(m) Multiple seasonal food permit applications must also include:
1. Food handler training documentation;
2. A list of all items to be prepared and served;
3. Proof of approval from the local governing body to operate in the location for which they have applied;
4. A list of all equipment to be utilized;
5. Dates and locations of operations; and
6. Hours of operation including set up and tear down.
(n) Cottage food registrations must also:
1. Renew their registration annually prior to operating and pay the registration fee. Registration fee is non-refundable once the cottage food application review process commences;
2. Reapply if the physical location of the cottage food operation changes; and
3. Meet any requirements for recipe changes or updates as listed in the public act.
(2) Renewal of permits. Whenever the review of the inspections for the previous year reveals repeated priority, priority foundation or core items, the permit may 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 ten 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 and renewal): | |
Category I food permit | $350 |
Category II food permit | $250 |
Category III food permit | $150 |
Category III limited permit fee for stand-alone ice machine(s), ice vending kiosk(s), or TCS food vending machine(s) | $75 |
Seasonal food permit fees: | |
Category I food permit | $175 |
Category II food permit | $125 |
Category III food permit | $75 |
Plan review fees (new): | |
Category I food permit | $400 |
Category II food permit | $400 |
Category III food permit | $400 |
Category III limited plan review fee for first new stand-alone ice machine, ice vending kiosk, or TCS food vending machine | $100 |
Category III limited plan review fee for each additional stand-alone ice machine, ice vending kiosk, or TCS food vending machine to a current Category III limited permit holder | $25 |
Plan review (remodel and change of owner): | |
Category I food permit | $100 - $300 |
Category II food permit | $100 - $300 |
Category III food permit | $100 - $300 |
Temporary food permit fees: | |
Within five working days or more notice | $20 per event |
With less than five working day notice | $30 per event |
With less than five working days notice the second time or beyond | $75 per event |
On-site/day of event | $40 per event |
On-site/day of event the second time | $100 per event |
Multiple pre-pay | $18 per event |
Off-site temporary food permits | $50 |
Modification to offsite temporary food permit locations | $10 per site change |
Multiple use seasonal temporary food permits | $75 |
Cottage food registration and renewal
|
$30
|
Cottage food operation foodborne illness investigation fee: once allowed under the statute which governs cottage food operations, a cottage food foodborne illness or complaint investigation will be assessed to the cottage food operator at the health authority’s staff hourly rates not to exceed $250 per investigation. An investigation is each separate incident requiring an investigation.
| |
(4) Penalty fees. Penalty fees for late renewal shall be assessed as follows:
Both Exempt and Non-Exempt
|
Both Exempt and Non-Exempt
| |
Late fees (beginning January 1 to January 10) | |
Food permit late fee | $100 |
Late fees (beginning January 11 to January 31): | |
Food permit late fee | $100 |
Plus per day surcharge | $5 per day |
Late fees (on February 1)
| |
Food permit terminated
|
License holder must re-apply
|
For new food permit (a plan review will be required)
| $400 |
Late fees will apply
| |
(5) Suspension of permits.
(a) Permits may be suspended by the Board of Health for failure of the permit holder to comply with the requirements of this chapter. 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.
(b) 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 chapter, 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 ten days following the receipt of written request, including a statement signed by the applicant that in his or her 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 chapter, the permit shall be reinstated.
(7) Revocation of permits. For critical or repeated violations of any of the requirements of this chapter, 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 five-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 this chapter 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 ten days.
(9) Application after revocation. Whenever a revocation of a permit has become final, the holder of the revoked permit may make a written inspection for new permit.
(B) Registrations. The following food operations must register and update their registrations annually: Cottage food operations, farmers markets and food pantries. Any operation requesting to register as one of the above must make written application on forms provided by the Board of Health. Such application shall be completed and signed by the owner or his/her representative and shall include the following information that is applicable:
(1) 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;
(2) The full name(s), addresses, certified food protection manager number(s), and certificate expirations date(s) of the full-time managerial staff person(s) designated as the certified food manager(s);
(3) The address of the operation;
(4) The type of food service;
(5) Whether the facility has changed its menu items or food handling practices in the last year.
(C) Inspections.
(1) Frequency of inspections. Facilities shall be inspected at least as often as prescribed by the following schedule.
(a) 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 protection manager is present at all time the facility is in operation. (Incidental absences of the certified food protection manager due to illness, short errands off the premises, and the like shall not constitute a violation of this section, provided there is documentation that a certified food protection 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 sanitation, or attend an educational conference or training on food safety or sanitation.
(b) Category II facilities shall receive a minimum of one inspection per year.
(c) Category III facilities shall receive a minimum of one inspection every two years.
(d) Level 1 food pantries shall receive a minimum of one routine inspection per year. A certified food protection manager is required to be on-site during bulk food breakdown and re-packaging.
(e) Level 2 food pantries shall receive a minimum of one routine inspection per year.
(f) Level 3 food pantries are exempt from having an annual routine inspection
(g) Farmers markets shall receive a minimum of one inspection per year.
(h) Cottage food operations will be inspected upon a complaint or disease outbreak.
(i) The Health Authority shall inspect offsite temporary vendors minimum of once during their operating season.
(j) The Health Authority shall inspect multiple use seasonal temporary operations a minimum of once during their operating period.
(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 for the purpose of making inspections to determine compliance with this chapter. It 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, sanitation standard operating procedures and HACCP plan.
(3) Refusal, notification and final request for right-of-way. If a person denies right-of-way, the authorized representative shall inform the person that:
(a) The permit holder is required to allow right-of-way to the authorized representative as specified under this chapter.
1. Right-of-way is a condition of the acceptance and retention of an annual permit to operate as specified under this chapter; and
2. If right-of-way is denied, an order issued by the authorized representative, hereinafter referred to as an injunction, may be obtained according to law; and
3. Make a final request for right-of-way.
(b) If after the authorized representative presents credentials, explains the authority upon which right-of-way is requested, and makes a final request for right-of-way, if the person in charge continues to refuse right-of-way, the authorized representative shall provide details of the denial of right-of-way on an inspection form.
(c) If denied right-of-way to a licensed food establishment for an authorized purpose, and after complying with this chapter, the authorized representative may issue or apply for an injunction in order to gain right-of-way as provided in law. In addition, the authorized representative may seek a temporary restraining order to cease operation until the inspection is conducted. Regardless, the Board of Health may consider suspending the license until an inspection is able to be conducted.
(4) Refusal to sign report. If a person in charge refuses to sign the report, the authorized representative shall inform the person who declines, that this will not affect the license holder's obligation to correct the violation (s) noted in the inspection report within the time frames specified.
(5) Report of inspection. Whenever an inspection of a food service establishment 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 document priority, priority foundation, core and good retail practices and timelines for correction. The completed inspection form is a public document and shall be made available for the public disclosure to any person who requests it under the Freedom of Information Act, being 5 ILCS 140/1 et seq.
(6) Correction of violations. The timing and procedure for the correction of all violations noted shall be as provided in the County Health Department Rules.
(D) 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) Timely correction. Except as specified in division (B) of this section, a permit holder shall at the time of inspection correct a violation of a priority item or priority foundation item of this Code and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.
(3) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the Board of Health may agree to or specify a longer time frame, not to exceed:
(a) Seventy-two hours after the inspection, for the permit holder to correct violations of a priority item; or
(b) Ten calendar days after the inspection, for the permit holder to correct violations of a priority foundation item or HACCP plan deviations.
(4) In case of temporary establishments and multiple use temporary operations, all violations must be corrected prior to operation. Offsite temporary food operations shall have all violations corrected immediately. If violations are not corrected and/or pose an imminent health hazard, the food establishment shall immediately cease food service operations. A permit may be suspended if the licensed Tazewell County Food operation commissary is under enforcement of the Tazewell County enforcement procedures.
(E) 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.
(F) 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 this section, 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 ten 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 chapter. Such order shall be stayed if the order is appealed to a court of competent jurisdiction within five business 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 (embargo) 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 this section, and based on 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 ten days, the Board of Health may 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 destroy such equipment or bring it into compliance with the provisions of this chapter. Such order shall be stayed if the order is appealed to a court of competent jurisdiction within five business days.
(G) 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 of the suspected employee or make any other investigation as may be indicated, and take appropriate action. The Board of Health may require one or more of the following measures:
(1) Immediate exclusion of the employee from any food handling activities as described in the Code;
(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; and/or
(4) Adequate medical and laboratory examinations of the employee or other employees and of his or their body discharges.
(H) During a public health investigation, the authorized representative may issue an order of restriction or exclusion to a suspected food employee or the permit holder without prior warning, notice of a hearing, or a hearing if the order:
(1) States the reasons for the restriction or exclusion that is ordered;
(2) States the evidence that the food employee or permit holder shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated;
(3) States that the suspected food employee or the permit holder may request an appeal hearing by submitting a timely request as provided in law; and
(4) Provides the name and address of the Board of Health representative to whom the request for an appeal hearing may be made.
(I) Variances.
(1) The regulatory authority may grant a variance by modifying or waiving the requirements of this Code if in the opinion of the regulatory authority a health hazard or nuisance will not result from this variance. If a variance is granted, the regulatory authority shall retain the information in its records for the food establishment.
(2) Before a variance from a requirement of this Code is approved, the information that shall be provided by the person requesting the variance and retained in the regulatory authority's file on the food establishment includes:
(a) A statement of the proposed variance of the Code requirement citing relevant code section numbers;
(b) An analysis of the rationale for how the potential public health hazardous and nuisances addressed by the relevant Code sections will be alternatively addressed by the proposal; and
(c) A HACCP plan if required as specified as it is relevant to the variance requested.
(d) If the regulatory authority grants a variance, or a HACCP plan is otherwise required, the permit holder shall:
1. Comply with the HACCP plans and procedures that are submitted and approved as a basis for the modification or waiver; and
2. Maintain and provide to the regulatory authority, upon request, records that demonstrate that the following are routinely employed:
a. Procedures for monitoring the critical control points;
b. Monitoring of the critical control points;
c. Verification of the effectiveness of the operation or process; and
d. Necessary corrective actions if there is a failure at the critical control point.
(e) 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.
(3) The Board of Health may grant a variance if:
(a) 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 chapter; and
(b) It is consistent with the protection of the public health; and
(c) In the opinion of the regulatory authority, a health hazard or nuisance will not result from the variance.
(4) A variance shall be revoked or expire if:
(a) In the opinion of the Board of Health the variance results in a health hazard or nuisance; or
(b) There is a change of circumstances from those supporting the variance; or
(c) There is a change of ownership of the retail food service establishment.
(5) Any retail food service establishment for which the variance has been denied may appeal such denial by requesting a hearing before the Board of Health.
(J) 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.
(Prior Code, 6 TCC 3-4) (Res. E-20-49, passed 5-27-2020; Res. E-20-73, passed 7-29-2020; Res. E-22-95, passed 9-28-2022; Res. E-24-73, passed 7-31-2024) Penalty, see § 95.99