Dallas County
Health Department
1011 W Main
Buffalo, MO  65622
(417) 345-2332
www.dallascountyhealth.com













Ordinance No. 2006-01-03

AN ORDINANCE ADOPTING THE 1999 MISSOURI FOOD CODE AND AMENDMENTS THERETO

WHEREAS, The Missouri Revised Statutes Chapter 192 Department of Health and Senior Services Section 192.300 allows the county health center boards to make and promulgate orders, ordinances, rules or regulations, respectively as will tend to enhance the public health and prevent the entrance of infectious, contagious, communicable or dangerous diseases into such county, but any orders, ordinances, rules or regulations shall not be in conflict with any rules or regulations authorized and made by the Department of Health and Senior Services in accordance with this Chapter or by the Department of Social Services under chapter 198,

WHEREAS, The Dallas County Health Department has recommended the adoption of the 1999 Missouri Food Code with certain amendments; and

WHEREAS, The 1999 Missouri Food Code does not contain a chapter providing for enforcement and the Dallas County Health Department is charged with the duty of protecting the health of the residents of Dallas County through regulation and enforcement of health standards for food establishments in the County; and

WHEREAS, adoption of this code will benefit the health and welfare of the citizens of Dallas County

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF DALLAS COUNTY HEALTH DEPARTMENT OF DALLAS COUNTY, MISSOURI AS FOLLOWS:

Section 1 The Board of Trustees hereby adopts the 1999 Missouri Food Code with the following amendments:

  • Section 1-101.10 shall be amended to read as follows:
    • "These provisions shall be known as the Dallas County Food Establishment Code, hereinafter referred to as ‘this Code.’"

Section 2 The Board of Trustees further adopts Chapter 8, a new ordinance, regarding compliance and enforcement with the Food Establishment Code of Dallas County as follows:

  • Section 8-101.10 Public Health Protection
    The Department shall apply this Code to promote its underlying purpose, as specified in Section 1-102.10, of safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer.
  • Section 8-102.10 Preventing Health Hazards, Provision for Conditions Not Addressed.
    • (A) If necessary to protect against public health hazards or nuisances, the Department may impose specific requirements, in addition to the requirements contained in this Code that are authorized by law.
    • (B) The Department shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the permit applicant or permit holder and a copy shall be maintained in the Department’s file for the food establishment.
  • Section 8-103.10 Modifications and Waivers
    The Department may grant a variance by modifying or waiving the requirements of this Code if, in the opinion of the Department, a health hazard or nuisance will not result from the variance. If a variance is granted, the Department shall retain the information specified under Section 8-103.11 in its records for the food establishment.
  • Section 8-103.11 Documentation of Proposed Variance and Justification
    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 Department’s file on the food establishment must include:
    • (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 hazards and nuisances addressed by the relevant Code sections will be alternatively addressed by the proposal; and
    • (C) A HACCP plan, if required as specified under Section 8-201.13(A) that includes the information specified under Section 8-201.14 as it is relevant to the variance requested.
  • Section 8-103.12 Conformance with Approved Procedures
    If the Department grants a variance as specified in Section 8-103.10, or a HACCP plan is otherwise required as specified under Section 8-201.13, the permit holder shall:
    • (A) Comply with the HACCP plans and procedures that are submitted as specified under Section 8-201.14 and approved as a basis for the modification or waiver; and
    • (B) Maintain and provide to the Department, upon request, records specified under Sections 8-201.14 (D) and (E) that demonstrate that the following are routinely employed:
      • (1) Procedures for monitoring critical control points,
      • (2) Monitoring of the critical control points,
      • (3) Verification of the effectiveness of an operation or process, and
      • (4) Necessary corrective actions if there is failure at a critical control point.
  • Section 8-201.11 When Plans Are Required
    A permit applicant or permit holder shall submit to the Department properly prepared plans and specifications for review and approval before the remodeling of a food establishment or a change in type of food establishment or food operation, as specified under Section 8-302.14(C), if the Department determines that plans and specifications are necessary to ensure compliance with this Code.
  • Section 8-201.12 Contents of the Plans and Specifications
    The plans and specifications for a food establishment, including a food establishment specified under Section 8-201.13, shall include, as required by the Department and based upon the type of operation, type of food preparation, and foods prepared, the following information to demonstrate conformance with Code provisions:
    • (A) Intended menu
    • (B) Construction plans that must include, but may not be limited to, the following:
      • (1) Floor plan;
      • (2) Equipment schedule
      • (3) Interior finish schedule
    • (C) Other information that may be required by the Department for the proper review of the proposed construction, conversion or modification, and procedures for operating a food establishment.
  • Section 8-201.13 When a HACCP Plan is required
    • (A) Each permit applicant or permit holder shall have a properly prepared HACCP plan as specified under Section 3-502.12.
    • (B) Before engaging in an activity that requires a HACCP plan, a permit applicant or permit holder shall submit to the Department for approval a properly prepared HACCP plan as specified under Section 8-201.14 and the relevant provisions of this Code if:
      • (1) Submission of a HACCP plan is required according to law;
      • (2) A variance is required, as specified under Sections 3-502.11, 4-204.110 (B), 3-203.12 (B) (2) (b) or 3-401.11 (D) (3); or
      • (3) The Department determines that a food preparation or processing method requires a variance based on a plan submittal specified under Section 8-201.12, a finding upon inspection by the Department, or a variance request.
  • Section 8-201.14 Contents of a HACCP Plan
    For a food establishment that is required under Section 8-201.13 to have a HACCP plan, the plan and specifications shall indicate:
    • (A) A categorization of the types of potentially hazardous foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the Department;
    • (B) A flow diagram, by specific food or category type, identifying critical control points and providing information on the following:
      • 1) Ingredients, materials, and equipment used in the preparation of that food, and
      • (2) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved;
    • (C) Food employee and supervisory training plan that addresses the food safety issues of concern;
    • (D) A statement of standard operating procedures for the plan under consideration including clearly identifying:
      • (1) Each critical control point,
      • (2) The critical limits for each critical control point,
      • (3) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge,
      • (4) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points,
      • (5) Action to be taken by the person in charge if the critical limits for each critical control point are not met, and
      • (6) Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and
    • (E) Addition to scientific data or other information, as required by the Department, supporting the determination that food safety is not compromised by the proposal.
  • Section 8-202.10 Trade Secrets
    The Department shall treat as confidential in accordance with law, information that meets the criteria specified in law for a trade secret and which is contained on inspection report forms and in the plans and specifications submitted as specified under Section 8-201.12 and 8-201.14.
  • Section 8-203.10 Pre-operational Inspections
    The Department may conduct one or more pre-operational inspections to verify that the food establishment is constructed and equipped in accordance with the approved plans and approved modifications of those plans, has established standard operating procedures.
  • Section 8-301.11 Prerequisite for Operation
    A person may not operate a food establishment without a valid permit to operate issued by the Department.
  • Section 8-302.11 Submission 30 Calendar Days before Proposed Opening
    An applicant shall submit an application for a permit at least 30 calendar days before the date planned for opening a food establishment or the expiration date of the current permit for an existing facility.
  • Section 8-302.12 Form of Submission
    A person desiring to operate a food establishment shall submit to the Department a written application for a permit on a form provided by the Department.
  • Section 8-302.13 Qualifications and Responsibilities of Applicants
    To qualify for a permit, an applicant shall:
    • (A) Be an owner of the food establishment or an officer of the legal ownership;
    • (B) Comply with the requirements of this Code;
    • (C) As specified under Section 8-402.11, agree to allow access to the food establishment and to provide required information; and
    • (D) Pay the applicable permit fees at the time the application is submitted.
  • Section 8-302.14 Contents of the Application
    The application shall include:
    • (A) The name, mailing address, telephone number, and signature of the person applying for the permit 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, temporary or permanent, and
      • (2) Is an operation that does one or more of the following:
        • (a) Prepares, offers for sale, or serves potentially hazardous food,
        • (b) Prepares only food that is not potentially hazardous, or
        • (c) Does not prepare, but offers for sale, only pre- packaged food that is not potentially hazardous;
    • (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 district, or regional supervisor;
    • (F) The names, titles, and addresses of:
      • (1) The persons comprising the legal ownership, as specified under subsection (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:
        • (a) Comply with this Code, and
        • (b) Allow the Department access to the establishment as specified under Section 8-402.11 and to the records specified under Missouri 1999 Food Code 8-201.14 (D) (6); and other information required by the Department.
  • Section 8-303.10 New, Converted, or Remodeled Establishments
    For food establishments that are required to submit plans as specified under Section 8-201.11, the Department shall issue a permit 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; and
    • (D) A pre-operational inspection, as specified in Section 8-203.10, shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this Code.
  • Section 8-303.30 Denial of Application for Permit, Notice
    If an application for a permit to operate is denied, the Department shall provide the applicant with a notice that includes:
    • (A) The specific reasons and Code citations for the permit denial;
    • (B) The actions, if any, that the applicant must take to qualify for a permit; and
    • (C) Advisement of the applicant's right of appeal and the process and time frames for appeal that are provided in law.
  • Section 8-303.5 Failure to Post
    Failure to post a current, valid permit in accordance with Section 8-304.11 shall be considered a non-critical violation and scored in accordance with Section 8-403.11.
  • Section 8-304.10 Responsibilities of the Department
    • (A) At the time a permit is first issued, the Department shall make available an electronic version of this Code in electronic format to the permit holder so that the permit holder is notified of the compliance requirements and the conditions of retention, as specified under Section 8-304.11 that are applicable to the permit. (A bound, printed copy of this Code will be made available at a reasonable fee.)
    • (B) Failure to provide the information specified in subsection (A) of this Section does not prevent the Department from taking authorized action or seeking remedies if the permit holder fails to comply with this Code or an order, warning, or directive of the Department.
  • Section 8-304.11 Responsibilities of the Permit Holder
    Upon acceptance of the permit issued by the Department, the permit holder, in order to retain the permit, shall:
    • (A) Post the permit in a location in the food establishment that is conspicuous to consumers;
    • (B) Comply with the provisions of this Code, including the conditions of a granted variance as specified under Section 8-103.12, and approved plans as specified under Section 8-201.12;
    • (C) If a food establishment is required, under Section 8-201.13, to operate under a HACCP plan, comply with the plan as specified under Section 8-103.12;
    • (D) Immediately contact the Department to report an illness of an employee as specified under Section 2-201.15;
    • (E) Immediately discontinue operations and notify the Department if an imminent health hazard may exist as specified under Section 8-404.11;
    • (F) Allow representatives of the Department access to the food establishment as specified under Section 8-402.11;
    • (G) Except as specified under subsection (H) of this Section, replace existing facilities and equipment specified in Section 8-101.10 with facilities and equipment that comply with this Code 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) Upgrade or replace refrigeration equipment as specified under Section 3-501.16(C), if the circumstances specified under subsections (G)(1)-(3) of this Section do not occur first, and 7 years pass after the Department adopts this Code;
    • (I) 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 permit holder’s food establishment or in response to community emergencies;
    • J) Accept notices issued and served by the Department according to law; and be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this Code or a directive of the Department, including time frames for corrective actions specified in the inspection reports, notices, orders, warnings, and other directives
  • Section 8-304.20.1 Permit suspension
    • (A) The Department may suspend a permit for any of the following causes without prior notice or hearing:
      • (1) The operation of the food establishment is deemed an imminent health hazard by the Department due to certain conditions, including but not limited to, those circumstances set forth in Section 8-404.11(A); or
      • (2) Interference with the Department in the performance of its duties, including denial of access, in accordance with Section 8-402.20; or
      • (3) In accordance with Section 8-501.20 (C).
    • (B) When a permit is suspended, the food establishment operation shall cease immediately.
    • (C) A suspension shall become effective upon service of written notice to the permit holder or person in charge of the food establishment or temporary food establishment
    • (D) The permit holder may make a written request for a hearing within ten (10) days after notice of suspension and the Department shall provide a hearing within ten (10) days after the request. If no request for a hearing is filed within ten (10) days, the suspension becomes final.
    • (E) If, as the result of a hearing, a penalty is invoked, the suspended permit will be reinstated for any remaining portion of the original permit year.
    • (F) The Department may end the suspension at any time if it is determined that the reason for suspension no longer exists.
  • Section 8-304.21 Permit Revocation, Refusal to Renew.
    • (A) The Department may revoke or refuse to renew a permit for the any one or more of the following reasons:
      • (1) Repeated or continuing violations of the provisions of this Code; or
      • (2) Failure to pay the permit fees pursuant to Section 9-101.10; or
      • (3) Materially false statements made in the application for permit.
    • (B) Prior to revocation, the Department shall provide an opportunity for a hearing in accordance with Section 8-304.22 of this Code. The permit holder will have five (5) working days from the notice of revocation to request a hearing. If a hearing is requested, revocation of a permit is stayed until the hearing has been conducted and a final determination has been given.
    • (C) Whenever a revocation has become final, the person whose permit was revoked may re-apply for a permit under Section 8-303.40.1 after the expiration of the penalty period imposed by the Department in accordance with Section 8-601.12.
  • Section 8-304.21.1 Suspension and Revocation Hearing Procedure
    • (A) The Department shall have the power to suspend, revoke, or refuse to renew any permit issued pursuant to this Code in accordance with Section 8-304.20 and Section 8-304.21.
    • (B) Written notice of a suspension or revocation hearing shall be presented by the Department either personally, or by certified mail, to the permit holder’s last known address of record and shall state the date, time, and place of hearing, as well as setting forth the charges against the food establishment. A copy of the notice shall be filed in the records of the Department.
    • (C) The Department shall have the power to swear witnesses. The permit holder or his legal counsel shall have the opportunity to present evidence and/or witnesses to the Department. A record of the hearing shall be made.
    • (D) The Department shall issue a decision in writing, to uphold the suspension, revocation or non-renewal of the permit; to invoke a penalty in accordance with Section 8-601.12; or to find in favor of the permit holder within five (5) working days of the conclusion of the hearing.
    • (E) The decision of the Department is final.
  • Section 8-304.30 Permits Not Transferable
    A permit may not be transferred from one person to another person or from one food establishment to another.
  • Section 8-401.10 Establishing Inspection Interval
    • (A) Except as specified in subsection (B) of this Section, the Department shall inspect a food establishment at least annually and may inspect routinely, as often as once every three (3) months, or as often as is deemed necessary. Follow-up inspections shall be conducted as needed for the enforcement of this Code.
    • (B) The Department shall periodically inspect, throughout its permit period, a temporary food establishment that prepares, sells, or serves unpackaged potentially hazardous food and that has improvised rather than permanent facilities or equipment for accomplishing functions such as hand washing, food preparation and protection, food temperature control, ware washing, providing drinking water, waste retention and disposal, and insect and rodent control.
  • Section 8-401.20 Performance- and Risk-Based Inspection Frequency
    Within the parameters specified in Section 8-401.10, the Department may prioritize and conduct more frequent inspections based upon its assessment of a food establishment’s history of compliance with this Code and the establishment's potential as a vector of food borne illness by evaluating:
    • (A) Past performance with respect to compliance with provisions of this Code or HACCP plan requirements that are critical;
    • (B) History of numerous or repeat violations of this Code or HACCP plan requirements that are non critical;
    • (C) History of complaints investigated and found to be valid;
    • (D) The hazards associated with the particular foods that are prepared, stored, or served;
    • (E) The type of operation, including the methods and extent of food storage, preparation, and service;
    • (F) The number of people served;
    • (G) Whether the population served is a highly susceptible population; and the total number of daily hours of operation.
  • Section 8-402.11 Access Allowed at Reasonable Times after Due Notice
    After the Department presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the person in charge shall allow the Department to determine if the food establishment is in compliance with this Code by allowing access to the establishment, allowing inspection, and providing information and records specified in this Code and to which the Department is entitled according to law, during the food establishment’s hours of operation and other reasonable times.
  • Section 8-402.20 Inspection Order to Gain Access
    If denied access to a food establishment for an authorized purpose the Department may immediately suspend the permit without prior notice or hearing.
  • Section 8-403.10 Documenting Information and Observations
    The Department shall document on an inspection report form:
    • (A) Administrative information about the food establishment’s legal identity, street and mailing addresses, type of establishment and operation as specified under Section 8-302.14(C), inspection date, and other information such as type of water supply and sewage disposal, status of the permit, and personnel certificates that may be required; and
    • (B) Specific factual observations of evidence of conditions that violate or otherwise deviate from the provisions of this Code that require correction by the permit holder including:
      • (1) Failure of the person in charge to demonstrate, pursuant to Section 2-102.11, the knowledge of food borne illness prevention, application of HACCP principles, and the requirements of this Code,
      • (2) Failure of food employees and the person in charge to demonstrate their knowledge of their responsibility to report a disease or medical condition as specified under Sections 2-201.14 and 2-201.15,
      • (3) Nonconformance with critical items of this Code,
      • (4) Nonconformance with non critical items of this Code,
      • (5) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the required procedures, monitoring and verification,
      • (6) Corrective action practices required by the Department as specified under Section 8-103.12,
      • (7) Failure of the person in charge to provide records required by the Department for determining conformance with a HACCP plan as specified under Section 8-201.14(D)(6),
      • (8) Nonconformance with critical limits of a HACCP plan, and
      • (9) Whether the establishment is ‘smoke free.’
  • Section 8-403.11 Scoring of Inspection
    • (A) Each critical item marked in violation on the inspection form shall be assigned a five point demerit score.
    • (B) Each non-critical item marked in violation on the inspection form shall be assigned a two point demerit score.
      All demerit scores of critical and non-critical items shall be totaled and subtracted from one hundred (100) possible points to determine the overall score of the food establishment.
      Earned ratings will be assigned based on score* (see Food Establishment Score and Rating System)
  • Section 8-403.12 Notice to Public of Inspections
    • (A) Every food establishment shall display, without obstruction in a conspicuous place designated by the Department, notice that inform the public that the establishment is subject to inspection by the Department. Such notice shall be displayed at every public entrance and at every drive-up and/or walk-up window of every food establishment.
      Such notice to the public shall include, at a minimum, a statement that the establishment is inspected by the Dallas County Health Department.
  • Section 8-403.20 Specifying Time Frame for Corrections
    The Department shall specify, on the inspection report form, the time frame for correction of the violations as specified under Sections 8-404.11, 8-405.11, and 8-406.11.
  • Section 8-403.30 Issuing Report and Obtaining Acknowledgment of Receipt
    At the conclusion of the inspection and according to law, the Department shall provide a copy of the completed inspection report and the notice to correct violations to the permit holder or to the person in charge, and request a signed acknowledgment of receipt.
  • Section 8-403.40 Refusal to Sign Acknowledgment
    The Department shall:
    • (A) Inform a person who declines to sign an acknowledgment of receipt of inspection findings as specified in Section 8-403.30 that:
      • (1) An acknowledgment of receipt is not an agreement with findings,
      • (2) Refusal to sign an acknowledgment of receipt will not affect the permit holder’s obligation to correct the violations noted in the inspection report within the time frames specified, and
      • (3) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the Department’s historical record for the food establishment; and
    • (B) Make a final request that the person in charge sign an acknowledgment receipt of inspection findings
  • Section 8-403.60 Public Information
    Except as specified in Section 8-202.10, the Department shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law.
  • Section 8-404.11 Ceasing Operations and Reporting
    • (A) A permit holder shall immediately discontinue operations and notify the Department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent food borne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health.
    • (B) Whenever the Department finds that conditions exist, as specified in subsection (A) of this Section, it may immediately suspend the permit of the food establishment without prior notice or hearing, in accordance with Section 8-304.20.1.
  • Section 8-404.12 Resumption of Operations
    If operations are discontinued as specified under Section 8-404.11 or otherwise according to law, the permit holder shall obtain approval from the Department before resuming operations.
  • Section 8-405.11 Timely Correction
    • (A) Except as specified in subsection (B) of this section, a permit holder shall at the time of inspection correct a critical violation of this Code and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.
    • (B) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the Department may agree to or specify a longer time frame, not to exceed ten (10) calendar days after the inspection, for the permit holder to correct critical Code violations or HACCP plan deviations.
  • Section 8-405.20 Verification and Documentation of Correction
    • (A) At the time of inspection, after observing a correction of a critical violation or deviation, the Department shall enter the violation and information about the corrective action on the inspection report.
    • (B) As specified under Section 8-405.11 (B), after receiving notification that the permit holder has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the Department shall verify correction of the violation, document the information on an inspection report, and enter the report in the Department’s records.
  • Section 8-406.11 Time Frame for Correction
    • (A) Except as specified in subsection (B) of this Section, the permit holder shall correct non critical violations by a date and time agreed to or specified by the Department but no later than 90 calendar days after the inspection.
    • (B) The Department may approve a compliance schedule that extends beyond the time limits specified under subsection (A) of 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.
  • Section 8-501.10 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 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 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 employee and other employees.
  • Section 8-501.20 Restriction or Exclusion of Food Employee, or Summary Suspension of Permit
    Based on the findings of an investigation related to a food employee who is suspected of being infected or diseased, the Department may issue an order to the suspected food employee or permit holder instituting one or more of the following control measures:
    • (A) Restricting the food employee’s services to specific areas and tasks in a food establishment that present no risk of transmitting the disease;
    • (B) Excluding the food employee from a food establishment; or
    • (C) Closing the food establishment by summarily suspending a permit to operate in accordance with law.
  • Section 8-501.30 Restriction or Exclusion Order: Warning or Hearing Not Required, Information Required in Order
    Based on the findings of the investigation as specified in Section 8-501.10 and to control disease transmission, the Department 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:
    • (A) States the reasons for the restriction or exclusion that is ordered;
    • (B) 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;
    • (C) 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
    • (D) Provides the name and address of the Department representative to whom a request for an appeal hearing may be made.
  • Section 8-501.40 Release of Food Employee from Restriction or Exclusion
    The Department shall release a food employee from restriction or exclusion according to law under the following conditions:
    • (A) A food employee who was infected with Salmonella typhi if the food employee’s stools are negative for S. typhi based on testing of at least three (3) consecutive stool specimen cultures that are taken:
      • (1) Not earlier than 1 month after onset,
      • (2) At least 48 hours after discontinuance of antibiotics, and
      • (3) At least 24 hours apart;
    • (B) One of the cultures taken as specified in subsection (A) of this Section is positive, repeat cultures are taken at intervals of one (1) month until at least three (3) consecutive negative stool specimen cultures are obtained.
    • (C) A food employee who was infected with Shigella spp. or Escherichia coli O157:H7 if the employee’s stools are negative for Shigella spp. or E. coli O157:H7 based on testing of two (2) consecutive stool specimen cultures that are taken:
      • (1) Not earlier than 48 hours after discontinuance of antibiotics; and
      • (2) At least 24 hours apart.
    • (D) A food employee who was infected with hepatitis A virus if:
      • (1) Symptoms cease; or
      • (2) At least 2 blood tests show falling liver enzymes.
  • Section 8-601.11 Operating Without A Permit.
    Any person engaged in the business of operating a food establishment without a permit as required by this Code shall be subject to a fine of $500.00 for each offense. Each day a food establishment operates without a permit shall constitute a separate offense. The fine provided by this paragraph shall be in addition to any other remedy available to Dallas County, including injunctive relief.
  • Section 8-601.12 Violations by Permit Holders
    Any holder of a permit issued pursuant to this Code whose permit is suspended in accordance with Section 8-304.20.1 or whose permit is revoked in accordance with Section 8-304.21 and who has had the opportunity for a hearing in accordance with Section 8-304.21.1, shall be subject to the following penalties by the Department:
    • (A) Upon finding, after a hearing, a first violation of this Code, the permit shall remain suspended or shall be revoked and all business operation of the food establishment shall cease for a period of not less than 5 days not more than 14 days.
    • (B) Upon finding, after a hearing, a second violation of this Code within 5 years by the same permit holder, the permit shall remain suspended or shall be revoked and all business operations of the food establishment shall cease for a period of not less than 15 days nor more than 30 days.
    • (C) Upon finding, after a hearing, a third violation of this Code within 5 years by the same permit holder, the permit shall remain suspended or shall be revoked and all business operations of the food establishment shall cease for a period of not less than 30 days nor more than 90 days.
  • Section 8-601.13 Additional Penalties
    The enforcement of the regulations established by this Code shall be the responsibility of the Dallas County Counselor who may take any action in law or equity to abate any violation of this Code.
  • Section 8-602.11 Publication of Code
    Following passage and approval, this Code shall be published at least once in a legal publication or in a newspaper of general circulation in Dallas County and posted in six public places within Dallas County.
  • Section 8-602.12 Responsibility for Publication
    The County Clerk shall be responsible for publishing this Code in accordance with Section 8-602.11 of this Code. Payment to any publication or newspaper publishing this Code shall be from funds of the Dallas County Health Department.
  • Section 8-602.13 Severability
    All sections of this Code shall be severable. In the event that any section of this Code is found by a court of competent jurisdiction to be unconstitutional or unlawful, the remaining sections of this Code are valid unless the court finds the valid sections of this Code are so essentially and inseparably connected with and so dependent upon the void section that it cannot be presumed that the County Council could have enacted the valid sections without the void ones; or unless the court finds that the valid sections standing alone are incompetent and incapable of being executed in accordance with legislative intent.

Section 3 The County Clerk is hereby authorized and directed to arrange publication and public posting of this ordinance pursuant to the Missouri Revised Statute Section 192.300

Section 4 This ordinance shall be in full force and effect thirty days after publication and public posting pursuant to the Missouri Revised Statute Section 192.300

DATE PASSED ____________________________

DATE APPROVED BY BOARD OF TRUSTEES OF THE DALLAS COUNTY HEALTH DEPARTMENT _________________________________

CHAIR OF THE BOARD _________________________________

SECRETARY OF THE BOARD _________________________________

ATTEST ____________________________

COUNTY CLERK _________________________________

Copyright (c) 2007
by the Dallas County Health Department
Buffalo, Missouri

This page updated 1/3/2007
by

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