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DALLAS COUNTY HEALTH DEPARTMENT

1011 W Main Buffalo, MO 65622 417-345-2332

Food Ordinance

Ordinance No. 201901

AN ORDINANCE REPEALING ORDINANCES NO 2006-01-03A (AMENDED 05-2007, 05-2014), 2006-01-03A AND 2006-01-03 IN THEIR ENTIREITY AND ENACTS A NEW ORDINANCE RELATE TO SAME TO BE KNOWN AS ORDINANCE NO. 2019-01-08

ADOPTING THE 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,

WHEREAS,   Missouri Revised Statutes Chapter 192 Department of Health and Senior Services Section 192.300 authorizes the county health center board to establish and collect fees for services performed by County Officers and employees; and

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

WHEREAS, The Missouri Food Code does not contain a provision relating to fees and exemptions thereto; 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 REPEAL ORDINANCE NO 2006-01-03, ORDINANCE NO 2006-01-03A AND ORDINANCE NO 2006-01-03A (AMENDED 05-2007, 05-2014)

SECTION 2 ENACTMENT NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF DALLAS COUNTY HEALTH DEPARTMENT OF DALLAS COUNTY MISSOURI HEREBY ENACTED THE FOLLOWING ORDINACE TO BE KNOWN AS ORDINANCE 201901 TO BE READ AS FOLLOWS:

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

Chapter 1:  Definitions

1-201.10 Statement of Application and Listing of Terms (B) Terms Defined.

“Department: means the Dallas County Health Department.

Chapter 8:  Compliance and Enforcement

8-302.12 Forms of Submission

A person desiring to operate a food establishment shall submit to the regulatory authority a written or verbal request for Approval to Open with a minimum of 10 business days prior to scheduled opening excluding temporary food establishments that will be required to submit request a minimum 5 business days prior to scheduled event.

8-303.10 Issuance of Approval to Open

The regulatory authority shall issue an approval to open to the applicant after:

  1. Evidence that standard procedures are in place;
  2. The plans, specification, and information are reviewed and approved; and
  3. A preoperational inspection as specified in 8-302.20 shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with the Code; and
  4. All applicable fees are to be paid in full.

Section 2 The Board of Trustees hereby adopts fee structure for permits, renewals, late payments and exemptions for food establishments as follows:

  1. Temporary food establishment permit shall be twenty five dollars ($25.00) for each event up to 7 days (January 1 through December 31)
  2. Seasonal/Mobile food establishment (Open seasonally 8 days or more but less than 12 months a year) permit shall be fifty dollars ($50.00) per year (January 1 through December 31)
  3. Initial fee for new food establishment permit shall be one hundred dollars ($100.00) per new establishment opening. This will allow new food establishment to operate until December 31 of their opening year.
  4. Existing food establishment deemed to be low priority as determined by the Missouri Department of Health and Senior Services Environmental health Operational Guidelines Section for Environmental Public Health Food Establishment Public Health Priority Assessment Worksheet permit shall be one hundred dollars ($100.00) per year (January 1 through December 31)
  5. Existing food establishment deemed to be medium priority as determined by the Missouri Department of Health and Senior Services Environmental health Operational Guidelines Section for Environmental Public Health Food Establishment Public Health Priority Assessment Worksheet permit shall be two hundred dollars ($200.00) per year (January 1 through December 31)
  6. Existing food establishment deemed to be high priority as determined by the Missouri Department of Health and Senior Services Environmental health Operational Guidelines Section for Environmental Public Health Food Establishment Public Health Priority Assessment Worksheet permit shall be three hundred dollars ($300.00) per year (January 1 through December 31)
  7. Religious, educational, nonprofit fraternal or civic organizations (excluding social or country clubs) shall be exempt from the fees authorized by this Ordinance after providing documentation of tax-exempt status. Proof of nonprofit status may be required.  These organizations will not be exempt from inspection and enforcement.
  8. Failure to pass a second inspection due to critical violations found in the first inspection will result in immediate issue of closure until violations are corrected and facility can pass a full inspection. Facility will remain closed to the public until it passes inspection and closing order is lifted by Dallas County Health Department.
  9. Food establishments will receive an invoice in the 4th quarter of the calendar year that permit fees are due. Failure to pay permit fees within 30 calendar days of receipt of first invoice will generate a second invoice.  Failure to pay second invoice within 10 calendar days will result in closing order issued and late fee not to exceed double of annual fee. Closing order will remain in effect until all fees are paid in full.
  10. Failure to pay permit and late fee within 30 calendar days of closing order Dallas County Health Department will assume business to be permanently closed. Before business can resume operations and sales, all permits and late fees must be paid in full and business will be treated as a new business.  Pre-opening inspection and fee for new business will be required.
  11. Any checks returned for insufficient funds will result in immediate closing order being issued and same late fee will apply if not paid in full within 10 business days.

SECTION 3 EFFECTIVE DATE:  THIS ORDINANCE SHALL BECOME IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND APPROVAL

DATE PASSED – 1-8-2019

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

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