HomeMy WebLinkAboutResolutions - 1999.09.23 - 25875September 23, 1999
MISCELLANEOUS RESOLUTION #99 253
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADOPTION OF REVISED
ARTICLE IV, FOOD SERVICE ESTABLISHMENT, OF THE OAKLAND COUNTY SANITARY CODE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County Government places the highest priority on protecting
the health and safety of our residents; and
WHEREAS the Food and Drug Administration (FDA) revised Model Food Code of
1997 emphasizes the need for food worker knowledge to assure food safety; and
WHEREAS the management of the food service establishment is the final party
responsible for ensuring the safety of the food it produces; and
WHEREAS an education and training program for food handling and sanitation
is key to a successful food operation; and
WHEREAS it is recommended that the Oakland County Sanitary Code be revised
to include the attached Article IV, Food Service Establishments, which requires
each food service business applicant to have at least one (1) employee/staff
member per food service business site who has successfully completed a food
service manager certification program; and
WHEREAS in accordance with the Public Health Code (P.A. 368 of 1978) and
pursuant to Miscellaneous Resolution #99135, a public hearing was conducted
regarding the proposed revisions to Article IV; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the adoption of the attached Article IV, Food Service Establishments,
as a revision to the Oakland County Sanitary Code.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT_COMMIZT„gE
Th
General Government Committee Vote:
Motion carried on unanimous roll call vote
HEALTH DIVISION FOOD ANAGEKcEREEcAnaN_FacKBAE CIC
OAKLAND COUNTY SANITARY CODE
ARTICLE IV
FOOD SERVICE ESTABLISHMENTS
The intent of this Article is to safeguard the health of the public by regulating the operation of food
service establishments in Oakland County and to require successful completion of a Food Service
Manager Certification Program by designated food service personnel.
SECTION 1- AUTHORITY
This Article is established by the Oakland County Board of Commissioners pursuant to Section 2441
of Public Act 368 of the Public Acts of 1978, as amended, and adopts Part 129 of Public Act 368
of the Public Acts of 1978 and Administrative Rules, as amended.
SECTION 2- PERMIT REQUIRED
It shall be unlawful to operate a food service establishment or engage in the business of processing,
handling, or storing foods in the County of Oakland, State of Michigan, for wholesale distribution
or engage in the business of selling, handling, delivering, or serving foods at retail for human
consumption without having first obtained a permit/license administered by the Oakland County
Health Division.
REQUIRED
3.1 The Oakland County Health Division shall conduct a program of Food Service Manager
Certification. Minimally, this program shall be directed toward training food service
supervisory, culinary, and management personnel. The program shall include, but shall not
be limited to. topics such as: employee health, personal hygiene, food-borne diseases and
food poisonings, etiologic agents, safe food handling principles and procedures, cleaning and
sanitizing, vermin control, employee training techniques, self-inspection procedures, and
responsibilities of a Certified Food Service Manager.
Art.IV-1
4.3 A Certified Food Service Manager shall be responsible for overseeing the training of all food
handling personnel of the food service establishment. The training shall include the
principles of food service sanitation as they apply to the individual employee's work
assignment.
4.4 In the event a licensed food service operation does not have a Certified Food Service
Manager due to the trained employee leaving employment, the operation shall be allowed
a period of not more than three (3) months to regain compliance with this Code. A food
service establishment without a Certified Food Service Manager as an employee must
immediately notify the Oakland County Health Division.
5ECTION 5- FOOD HANDLING PRECAUTIONS
5.1 Any employee/staff member of a food service business operating in Oakland County who
handles food or unsealed food container(s) should wear hair coverings and shall minimize
bare hand contact with ready-to-eat foods by the use of disposable gloves, deli tissues,
suitable utensils, or dispensing equipment except when washing fruits and vegetables or as
authorized by state law or rules.
5.2 Each food service business operating in Oakland County shall incorporate verbal and visual
(e.g., signs. printed procedures, etc.) reminders to employees/staff members that reinforce
the importance of proper hand washing and emphasizes to food handlers that disposable
gloves or other sanitary alternatives are not a replacement for proper hand washing. The use
of utensils including deli tissues, spatulas, tongs. or single-use gloves shall be preceded by
thorough hand washing. Hands should be washed and disposable gloves should be discarded
after engaging in any activity that may contaminate hands and/or gloves. Examples include
the following:
A. After touching bare human body parts.
B. After using the rest room.
C. After handling animals.
D. After coughing. sneezing. using a tissue. using tobacco, eating. or drinking.
E. A fter handling soiled equipment or utensils.
Art. IV - 3
• - .11
4.3 A Certified Food Service Manager shall be responsible for overseeing the training of all food
handling personnel of the food service establishment. The training shall include the
principles of food service sanitation as they apply to the individual employee's work
assignment.
4.4 In the event a licensed food service operation does not have a Certified Food Service
Manager due to the trained employee leaving employment, the operation shall be allowed
a period of not more than three (3) months to regain compliance with this Code. A food
service establishment without a Certified Food Service Manager as an employee must
immediately notify the Oakland County Health Division.
SECTION 5- FOOD HANDLING PRECAUTIONS
5.1 Any employee/staff member of a food service business operating in Oakland County who
handles food or unsealed food container(s) should wear hair coverings and shall minimize
bare hand contact with ready-to-eat foods by the use of disposable gloves, deli tissues,
suitable utensils, or dispensing equipment except when washing fruits and vegetables or as
authorized by state law or rules.
5.2 Each food service business operating in Oakland County shall incorporate verbal and visual
(e.g.. signs. printed procedures, etc.) reminders to employees/staff members that reinforce
the importance of proper hand washing and emphasizes to food handlers that disposable
gloves or other sanitary alternatives are not a replacement for proper hand washing. The use
of utensils including deli tissues, spatulas, tongs, or single-use gloves shall be preceded by
thorough hand washing. Hands should be washed and disposable gloves should be discarded
after engaging in any activity that may contaminate hands and/or gloves. Examples include
the following:
A. After touching bare human body parts.
B. After using the rest room.
C. After handling animals.
D. After coughina, sneezing, using a tissue. using tobacco, eating. or drinking.
E. After handling soiled equipment or utensils.
Art. IV - 3
F. Before food preparation.
G. When switching b etween raw foods and ready-to-eat foods.
H. After handling money.
SECTION 6 - APPEALS
A person who has been denied a permit as required by this Article shall have the right of appeal by
petition, in writing, directed to the Oakland County Health Division. Such appeal shall be heard
before the Sanitary Code Appeal Board. Such petition must be accompanied with the established
fee and must be submitted within 30 days from the receipt of the written notice of denial.
SECTION 7- EFFECTIVE DATES
This revised Article shall take effect on . Adopted by the Oakland County•
Board of Commissioners on
0 SD n r V. PDOCS' ARM' ARTIVR.EV DOC
(XI Art. IV - 4
Resolution #99253 September 23, 1999
Moved by Taub supported by Coleman the resolution be adopted.
AYES: Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt,
Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel,
Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway,
Garfield, Gregory. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on September 23, 1999 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 3,rd d4 of September, 1999.
William Caddell, County Clerk