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(A) Inspection frequency. An inspection of a food establishment shall be performed according to the relative risk of causing foodborne illness as defined by the Illinois Department of Public Health's Food Code but not less frequently than required by the Local Health Protection Grant Rules. Additional inspections of the establishment shall be performed as often as necessary for the enforcement of this chapter.
(B) Access. Representatives of the Health Authority, with proper identification, shall be permitted to enter any food establishment at any reasonable time for the purpose of making inspections to determine compliance with this chapter or to investigate a complaint. The representatives shall be permitted to examine the records of this establishment to obtain information pertaining to food and supplies purchased, received or used.
(C) Report of inspections. Whenever an inspection of a food establishment is made, the findings shall be recorded on the inspection report form used by the Health Authority. The inspection report form shall summarize the requirements of this chapter. Inspectional remarks shall reference by item number the violation and the correction to be made. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection or electronically within a timely manner. Alternate inspection forms and reports may be used provided they assure adherence to proper food sanitation principles. All completed inspection reports are public documents that shall be made available for public disclosure to any person who requests it according to law.
(D) Correction of violations. 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 but not limited to lack of a potable water supply, complete lack of refrigeration, sewage backup into the establishment, pest infestation or a foodborne illness suspected to have originated from the establishment, the operations shall immediately cease and the permit to operate shall be suspended as per § 114.035(B). Following permit suspension, the owner/operator may be required upon notice and as a condition of lifting the suspension to attend an informal hearing. See Appendix A for informal non-refundable hearing fee to be paid prior to hearing.
(2) All priority items, as defined in § 114.002 shall be corrected as soon as possible, but in any event, within ten days following inspection. A follow-up inspection should be conducted to confirm correction. If compliance is not received upon re-inspection(s), the owner/operator may be required and notified in writing to attend an informal hearing if the violations are not corrected. The fee associated with the informal hearing process is included in Appendix A. Hearing fees are non-refundable.
(3) All priority foundation and core items, as defined in § 114.002 shall be corrected as soon as possible, but at any event, by the time of the next routine inspection.
(4) If a facility is not under the supervision of a nationally recognized Certified Food Protection Manager and if compliance is not received upon re-inspection(s), the owner/operator may be required and notified in writing to attend an informal hearing. The fee associated with the informal hearing process is included in Appendix A. Hearing fees are non-refundable.
(5) If the number of foodborne illness risk factors in the establishment is seven or greater, the permit shall be immediately suspended by the Health Authority per § 114.035(B). The establishment shall cease food operations immediately. The suspension shall remain in effect until a Health Authority re- inspection and the number of foodborne illness risk factors has been improved to three or less. The Health Authority will conduct a reinspection at the request of the operator. Following permit suspension, the owner / operator will be required and notified in writing to attend an informal hearing. The fee associated with the informal hearing process is included in Appendix A. Hearing fees are non- refundable.
(6) In the case of temporary food establishments and supplemental grilling operations, all priority and priority foundation items shall be corrected immediately. If violations are not corrected, the establishment shall not be issued a permit to operate by the Health Authority. If the temporary food establishment or supplemental grilling is already operating, food service operations shall cease immediately until authorized to resume by the Health Authority.
(E) Failure to comply.
(1) Failure to comply with any time limits for corrections may result in cessation of food 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 Authority within ten days following cessation of operations. If a request for hearing is received, a hearing shall be held within 30 days of receipt of the request.
(2) Whenever a food establishment is required under provisions of § 114.035 to cease operations, all food operations will cease immediately and will remain in such state until it is shown upon re-inspection that conditions responsible for the order to cease operations no longer exist. Opportunity for re-inspection shall be offered within a reasonable time.
(F) Examination and condemnation of food.
(1) Food may be examined or sampled by the Health Authority as often as necessary for enforcement of this chapter. The Health Authority may, upon written notice to the owner or person in charge, specifying the reasons therefore, place an embargo/hold order on any food which it believes is in violation of any section of this chapter. The Health Authority shall tag, label, or otherwise identify any food subject to the embargo/hold order. No food subject to an embargo/hold order shall be used, served, or moved from the establishment.
(2) The Health Authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten 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 within 30 days after receipt of the request. On the basis of evidence produced at that hearing, the hold 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 this chapter.
(G) Procedure when infection is suspected. When the Health Authority has reasonable cause to suspect possible disease transmission by an employee of a food establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The Health Authority may require any or all of the following measures:
(1) The immediate exclusion of the employee from employment in food establishments.
(2) The immediate closing of the establishment concerned until, in the opinion of the Health Authority, no further danger of disease outbreak exists.
(3) Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease.
(4) Medical and laboratory examination of ill and exposed employees to ensure they are no longer infectious. Employees who test positive will be restricted from food handling duty until satisfactory negative laboratory examination or time without symptoms as per Illinois Communicable Disease Administrative Code.
(Ord. 17-276, passed 10-19-2017; Ord. 18-326, passed 11-15-2018) Penalty, see § 114.999