Introduction
These rules and regulations are used in conjunction with the Jefferson County Food Service Sanitation Order adopted by the Jefferson County Commission on February 18, 1999. These Rules and Regulations shall be liberally construed and applied to promote its underlying purpose of protecting the public health.

SECTION A - DEFINITIONS:
The following words and phrases shall have the following meanings as used in these regulations:

Board: The Jefferson County Health Center Board of Trustees.
Code: The current regulations of the Missouri Department of Health relating to food establishments.
Critical Violation: A violation of a provision of this regulation, which, that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard.
Food Establishment: An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. (Includes food service and retail food establishments.)
Itinerant or Temporary Restaurant: A food service establishment which operates at a fixed location for a temporary period of time, not to exceed fourteen (14) consecutive days or fourteen (14) days per month in connection with a single event or celebration.
Regulatory Authority: The Administrator of the Jefferson County Health Center or an authorized representative.

Any words or phrases not defined herein shall have their common ordinary meaning. Any words or phrases defined in the Missouri Department of Health regulations relating to food service and retail food operations, presently known as the Department of Health Rule Governing Food Service Sanitation and Department of Health Rule Governing Sanitation of Retail Food Stores and any amendment, revision, edition, compilation or consolidation thereto shall have the meaning contained therein.

1. No person shall operate a food establishment that does not possess a valid County Food and Beverage Permit (hereafter, "permit") issued by the Regulatory Authority. Only a person who complies with the requirements of these Rules and Regulations shall be entitled to receive or retain a permit. Permits are nontransferable. A valid permit shall be posted in a publicly accessible part of every food establishment. Permits shall be renewed on an annual basis.
2. Any person that desires to operate a food establishment shall make written application for a permit on forms provided by the Regulatory Authority. The application shall include the name, address, and telephone number of the applicant, owner, manager, district manager and corporate office where applicable; the location and type of proposed food service establishment; and the signature of each applicant. Applications for itinerant restaurants shall include the dates of proposed operation. A renewable annual cost reimbursement charge shall be paid prior to the issuance of a permit.
3.  
   1. No person shall manage a food establishment unless such person possesses a Food Management Certificate of Approval (hereafter, "certificate"). To obtain a certificate, the person shall have attended a food service class offered or approved by the Jefferson County Health Center and provide evidence of successful completion prior to the issuance of a certificate or its equivalent. In the case of newly opened food establishment, operation may continue until the first date available for food service training.
   2. A certificate or its equivalent shall be valid for five years from its date of issuance and shall be renewed every five years. An approved refresher training course shall be completed prior to expiration of the certificate. Failure to attend the refresher training shall be cause for revocation of the certificate or its equivalent.
   3. No food establishment shall remain open for business unless fifty percent (50%) of all food establishment personnel on duty at any time possess a Basic Sanitation Certificate. To obtain Basic Sanitation Certificate, the food establishment personnel must have attended a basic sanitation course provided by the Jefferson County Health Center or an equivalent training course approved by the Jefferson County Health Center and provide evidence of satisfactory completion prior to the issuance of a Basic Sanitation Certificate. The Basic Sanitation Certificate shall be renewed every three (3) years.
   4. Food establishments serving only prepackaged items and self-service drinks shall be exempt from the requirement of a Food Management Certificate of Approval, provided a person on duty shall be required to attend a Basic Sanitation course offered or approved by the Jefferson County Health Center and possess a Basic Sanitation Certificate.
   5. Temporary food service establishments shall provide a person who has attended a Basic Sanitation course offered or approved by the Jefferson County Health Center and possess a Basic Sanitation Certificate.
4. Prior to approval of an application for a permit, the Regulatory Authority shall inspect the proposed food establishment to determine compliance with the requirements of these Rules and Regulations.
5. The Regulatory Authority shall issue a permit to the applicant provided the inspection concludes the proposed food establishment complies with the requirements of these Rules and Regulations.
6. The Regulatory Authority may, without warning, notice, or hearing, close any establishment or suspend any permit to operate a food establishment if the holder of the permit is not in compliance with the requirements of these Rules and Regulations or if the operation of the food establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by these Rules and Regulations. When a permit is suspended, food establishment operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within twenty (20) calendar days of receipt of a written request for a hearing.
7. Whenever a permit is suspended, the holder of the permit or the person then in charge of the food establishment shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for hearing shall be provided if a written request for hearing is filed with the Regulatory Authority within ten (10) calendar days. If no written request for hearing is filed within ten (10) calendar days, then no hearing shall be held and the suspension is final. The Regulatory Authority may rescind the suspension at any time if the reason(s) for suspension no longer exist.
8. The regulatory authority may, after providing an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these Rules and Regulations or for interference with the Regulatory Authority in the performance of duty.
9. Prior to revocation, the Regulatory Authority shall provide written notice to the holder of the permit, or the person then in charge of the food establishment, of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the expiration of ten (10) days following service of the notice. Unless a written request for a hearing is filed with the regulatory authority by the holder of the permit or certificate within the ten (10) day period, the revocation of the permit is final.
   
   Listed below are examples of violations of these Rules and Regulations that may result in suspension or revocation of a permit:
   1. one (1) or more identical repeat critical violations on two (2) consecutive inspections;
   2. three (3) or more critical violations on two (2) consecutive inspections;
   3. ten (10) or more non-critical items on two (2) consecutive inspections; or
   4. an imminent health hazard.
10. A notice provided for in these Rules and Regulations is properly served when it is delivered to the holder of the permit or the person then in charge of the food establishment, or it is mailed by certified mail to the last known address of the holder of the permit or when the notice is posted on the entrance to the establishment. A copy of the notice shall be filed in the records of the Regulatory Authority.
11. The hearings provided for in these Rules and Regulations shall be conducted by the Regulatory Authority at a time and place designated by it. Oral testimony shall be recorded verbatim. The Regulatory Authority shall make a decision based upon the complete hearing record and shall sustain, modify or rescind any notice or order at issue in the hearing. A written report of the decision shall be furnished to the holder of the permit by the Regulatory Authority via mailing the decision certified U.S. Mail, return receipt requested.
12. Whenever revocation of a permit is final, the holder of the permit or certificate may make written application for a new permit following correction of violations.
13. An inspection of a food establishment shall be performed at least annually. Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of these Rules and Regulations.
14. Representatives of the Regulatory Authority shall be permitted to enter any food establishment at any reasonable time for the purpose of making inspections to determine compliance with these Rules and Regulations. The representative shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used.
15. Whenever an inspection of a food establishment is made, the findings shall be recorded on the inspection report. The inspection report form shall summarize the requirements of these Rules and Regulations. Inspection remarks shall be written to reference, by section number, the section violated and shall state 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. The completed inspection report form is a public document available for inspection.
16. Correction of violations: The inspection report form shall specify a reasonable period of time for the correction of the violations and in accordance with the following provisions:
    1. If an imminent health hazard exists operations shall not be resumed until authorized by the Regulatory Authority. Examples include: a complete lack of refrigeration, sewage backup into the establishment, extended loss of water supply, or extended power outage.
    2. Critical violations shall be corrected in the period of time specified in the inspection report. The permit holder shall request the Regulatory Authority to conduct a follow-up inspection to confirm compliance. The method of follow-up inspection is at the discretion of the Regulatory Authority.
    3. All non-critical violations shall be corrected as soon as possible, and not later than the date of the next routine inspection.
    4. When the establishment has fifteen (15) or more critical or noncritical violations occurring in the facility, correction of the violations shall be completed in the period of time specified in writing on the inspection report. A follow-up inspection shall be conducted to confirm correction. The method of follow-up inspection is at the discretion of the Regulatory Authority.
    5. In the case of temporary food establishments all violations shall be corrected within twenty-four (24) hours. If violations are not corrected within twenty-four (24) hours, the establishment shall immediately cease food service operations until authorized to resume by the Regulatory Authority.
    6. The inspection report shall state that failure to comply with any time provided for correction may result in suspension of food service operations. An opportunity for a hearing regarding the inspection report or the time limitations shall be provided if a written request is filed with the Regulatory Authority within ten (10) calendar days following delivery of the inspection report to the establishment. If a written request for hearing is made, a hearing shall be held within twenty (20) calendar days of receipt of the request.
    7. Whenever a food establishment is required under the provisions of these Rules and Regulations to cease operations, it shall not resume operations until it is shown on reinspection that the conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
17. REVIEW OF PLANS
    1. Whenever a food establishment is constructed or extensively remodeled or whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the Regulatory Authority for review and approval before construction, remodeling, or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and the model of proposed fixed equipment and facilities. The Regulatory Authority shall approve the plans and specifications provided they are in compliance with the requirements of these Rules and Regulations. No food establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the Regulatory Authority.
    2. Whenever plans and specifications are required by Section 17a of these Rules and Regulations to be submitted to the Regulatory Authority, the Regulatory Authority shall inspect the food establishment prior to the start of operations to determine compliance with the approved plans and specifications and with the requirements of these Rules and Regulations.
18. PROCEDURE WHEN INFECTION IS SUSPECTED
    1. When the Regulatory 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 investigations as indicated and shall take appropriate action. The Regulatory Authority may require any or all of the following measures:
       1. immediate exclusion of the employee from employment in the food establishment;
       2. immediate closing of the food establishment until, in the opinion of the Regulatory Authority, no further danger of disease outbreak exists;
       3. restriction of the employee's duties to an area of the establishment where there is no danger of disease transmission; and
       4. appropriate medical and laboratory examination of the exposed employee and the exposed employee's body discharges as approved by the Jefferson County Health Center.
19. VIOLATIONS AND PENALTIES
    Any person (or responsible officer or employer of that person) who violates a provision of these Rules and Regulations and any person (or responsible officer or employer of that person) who is the holder of a permit or certificate or who otherwise operates a food establishment that does not comply with the requirements of these Rules and Regulations, or who fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall be guilty of a misdemeanor punishable as provided in 196.235 and 196.265, R.S.Mo., and upon proper complaint shall be prosecuted. Any person who violates this rule and regulation or fails to comply with any of its requirements shall, upon conviction in a court of record, be fined and/or imprisoned as provided by law and shall pay costs and expenses involved in the case, including expenses of prosecution. Each day in which any such violation exists shall be deemed a separate offense. Nothing herein contained shall prevent the County of Jefferson or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. The Regulatory Authority may seek to enjoin violations of these Rules and Regulations.
20. ENFORCEMENT INTERPRETATION
    These Rules and Regulations shall be enforced by the Regulatory Authority in accordance with interpretations thereof contained in the 1976 Edition of the "United States Department of Health, Education and Welfare Food Service Sanitation Manual" Department of Health, Education and Welfare Publication #FDA 78- 2081, or the current recommendations of the Missouri Department of Health relating to food operations, three copies of which are on file and available for inspection in the County Clerk's Office of the County of Jefferson, Missouri.
21. FOOD ESTABLISHMENTS OUTSIDE JURISDICTION
    Food from food establishments outside the jurisdiction of the Regulatory Authority may be sold within the County of Jefferson if such food establishments conform to the provisions of the Rules and Regulations or to substantially equivalent provisions. To determine the extent of compliance with such provisions the Regulatory Authority may accept reports from responsible authorities in other jurisdictions where such food establishments are located. All foods brought into the County of Jefferson from other areas or jurisdictions shall meet all the requirements of these Rules and Regulations.
22. EXAMINATION AND CONDEMNATION OF FOOD
    The Regulatory authority may examine or take samples of food as necessary to detect adulterated or misbranded food. The Regulatory Authority may condemn and forbid the sale of, or cause to be removed or destroyed, any food which is adulterated or misbranded.
23. WAREHOUSE, PROCESSOR, MANUFACTURE AND DISTRIBUTION CENTERS
    These Rules and Regulations will be applied to all food, warehouse, processing, manufacture and distribution centers, including custom operations.
24. UNCONSTITUTIONALITY CLAUSE OR INVALIDITY CLAUSE
    Should any section, paragraph, sentence, clause, or phrase of these Rules and Regulations be declared unconstitutional or invalid for any reason, the remainder of said Rules and Regulations shall not be affected thereby.