Our goal for writing these articles is to give you, the operator a better understanding of the current 2009 FDA Food Code. Each month we’ll continue to explore the content of the food code and how it relates to the operation of your facilities.

Question

I’m thinking about opening a new restaurant, what type of permits do I need and when do I need to notify the Department of Health

Answer:

For an overview of what you will need to do, please read the following excerpts from the 2009 FDA Food Code.

Chapter 1 - Definitions

1.    "Permit" means the document issued by the regulatory authority that authorizes a person to operate a food establishment.

2.    "Permit holder" means the entity that:

1.    (1) Is legally responsible for the operation of the food establishment such as the owner, the owner's agent, or other person; and

2.    (2) Possesses a valid permit to operate a food establishment.

Issuance

8-303.10 New, Converted, or Remodeled Establishments.

For food establishments that are required to submit plans as specified under § 8-201.11 the regulatory authority shall issue a permit to the applicant after:

1. (A) A properly completed application is submitted;
2. (B) The required fee is submitted;
3. (C) The required plans, specifications, and information are reviewed and approved; and
4. (D) A preoperational inspection as specified in § 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.

8-304.11 Responsibilities of the Permit Holder.

Upon acceptance of the permit issued by the regulatory authority, the permit holder in order to retain the permit shall:

1. (A) Post the permit in a location in the food establishment that is conspicuous to consumers;
2. (B) Comply with the provisions of this Code including the conditions of a granted variance as specified under § 8-103.12, and approved plans as specified under § 8-201.12;
3. (C) If a food establishment is required under § 8-201.13 to operate under a HACCP plan, comply with the plan as specified under § 8-103.12;
4. (D) Immediately contact the regulatory authority to report an illness of a food employee or conditional employee as specified under ¶ 2-201.11(B);
5. (E) Immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified under § 8-404.11;
6. (F) Allow representatives of the regulatory authority access to the food establishment as specified under § 8-402.11;
7. (G) Replace existing facilities and equipment specified in § 8-101.10 with facilities and equipment that comply with this Code if:
8. 1. (1) The regulatory authority 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. (2) The regulatory authority directs the replacement of the facilities and equipment because of a change of ownership, or
   3. (3) The facilities and equipment are replaced in the normal course of operation;
9. (H) Comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the permit holder's food establishment or in response to community emergencies;
10. (I) Accept notices issued and served by the regulatory authority according to law; and
11. (J) 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 regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.

Construction Inspection and Approval

8-201.12 Contents of the Plans and Specifications.
8-203.10 Preoperational Inspections.

Standard operating procedures (SOPs) are a part of that foundation and ideally are developed in tandem with designing the facility. Consequently, as an integral part of the plan review process, discussion needs to occur about such procedures and their scope.

SOPs need to be developed by the time of the preoperational inspection and put into effect when the food operation begins. It is recommended that such procedures be written, available for reference by the person in charge, conveyed to the appropriate employees, and available for review by the regulatory authority during inspections. Operating procedures should include definitive practices and expectations that ensure that:

1. (1) The transmission of foodborne disease is prevented by managing job applicants and food employees as specified under Subpart 2-201,
2. (2) Food is received from approved sources as specified under § 3-201.11,
3. (3) Food is managed so that the safety and integrity of the food from the time of delivery to the establishment throughout its storage, preparation, and transportation to the point of sale or service to the consumer is protected,
4. (4) Potentially hazardous (time/temperature control for safety) food is maintained, including freezing, cold holding, cooking, hot holding, cooling, reheating, and serving in conformance with the temperature and time requirements specified under Parts 3-4 and 3-5,
5. (5) Warewashing is effective, including assurance that the chemical solutions and exposure times necessary for cleaning and sanitizing utensils and food-contact surfaces of equipment are provided as specified under Parts 4-6 and 4-7, and
6. (6) Records that are specified under §§ 3-203.11, 3-203.12, and 5-205.13 are retained for inspection.

During the plan review stage, the regulatory authority and a management representative of the proposed food establishment should discuss available training options that may be used to train food employees and the person in charge regarding food safety as it relates to their assigned duties. By the time of the preoperational inspection, operating procedures for training should include definitive practices and expectations of how the management of the proposed food establishment plans to comply with ¶ 2-103.11(L) of this Code which requires the person in charge to assure that food employees are properly trained in food safety as it relates to their assigned duties.

So Long Till Next Month,

DorisRittenmeyer, CP - FS

Director – Safety Management Services

d.rittenmeyer@foodhandler.com

This information is provided as a general guideline and is not intended to be, nor does it, constitute legal or regulatory advice. Additional Federal regulations may apply to your particular circumstances. State, regional and local laws, ordinances and regulations may also apply.