McLean County, IL Food Establishments

Any person desiring to operate a food establishment shall make written application for a permit at least one week prior to the proposed date of opening on forms provided by the Health Department. Such application shall be completed and signed by the owner or his or her representative.

Upon receipt of such an application, the Health Department shall cause to be inspected the establishment named in the application prior to the date of opening; and it shall determine if the establishment is in compliance with the provisions of this article. When an inspection reveals that the provisions of the article have been met, a permit shall be issued. The permit for full-time establishments is valid through December 31 of the year issued. Seasonal permits expire six months after the date of issue or December 31, whichever one occurs sooner.

Any person who has not paid his or her annual fee for the renewal of his or her food permit by January 1 of the permit renewal year shall be considered to be operating a food establishment without a valid permit. However, the annual fee for the renewal of seasonal permits shall be paid at least one week prior to the reopening of the establishment.

Suspension of permits.

Permits may be suspended temporarily by the Health Department for failure of the holder to comply with the requirements of this article.

Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of § 216-9D of this article, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, suspended and that the opportunity for a hearing will be provided if, within 72 hours, a written request for a hearing is filed with the Health Department by the permit holder.

Notwithstanding the other provisions of this article, whenever the Health Department finds insanitary or other conditions in the operations of a food establishment which, in its judgment, constitute an imminent health hazard, it may, without warning, notice or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is suspended at the time of inspection, and all food service operations are to be immediately discontinued.

Any person to whom such an order is issued shall comply therewith, but, upon written petition filed not more than 72 hours after the discontinuance order, may request a hearing for abatement of the order.

The Health Department shall provide a hearing not later than five days from the filing of said petition.

Reinstatement of suspended permits. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within five days following receipt of a written request, including a statement signed by the applicant that, in his or her opinion, the conditions causing suspension of the permit have been corrected, the Health Department shall make a reinspection. If the applicant is in compliance with the requirements of this chapter, the permit shall be reinstated.

Revocation of permits. For serious and/or repeated violations of any of the requirements of this chapter, or for interference with the Health Department in the performance of its duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Health Department. Prior to such hearing, the Health Department shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five days following service of such notice unless, within such five-day period, a written petition for a hearing is filed with the Health Department. The Health Department shall provide a hearing not later than five days from the filing of said petition. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

Food permit classifications. Food permits shall be divided into the following classes:

Class A.

A food establishment that meets all of the following criteria:

Foods requiring time/temperature control for safety are routinely heated, cooled and reheated.

[2]

Prepares and serves foods requiring time/temperature control for safety for more than one meal period a day.

[3]

Prepares and serves foods requiring time/temperature control for safety a minimum of six days a week.

[4]

Preparation and service of foods requiring time/temperature control for safety is the principal feature of the food service business of the food establishment.

[5]

The total occupancy of the food establishment is a minimum of 200, excluding banquet rooms and bar rooms where food from the kitchen is not routinely served.

[6]

Total occupancy is based on the 1993 National Fire Protection Association Life Safety Code 101 and any subsequent amendments or revisions thereto.

A State of Illinois licensed nursing home or hospital.

A food establishment with three or more of the following food operations: meat cutting, a bakery where food items are prepared on-site from two or more ingredients, delicatessen or fresh fish.

A food establishment that engages in a food preparation process that requires a variance or HACCP plan as required by FDA Code.

Class B.

A food establishment that prepares and serves foods requiring time/temperature control for safety but does not meet the requirements for either a Class A or Class C food permit.

A bakery where food items are prepared on-site from two or more ingredients.

A food establishment with one or two of the following food operations: meat cutting, a bakery where food items are prepared on-site from two or more ingredients, delicatessen or fresh fish.

A caterer where the primary operation of the food business is preparation of food items for consumption at a location other than its base of operation.

(e)

A mobile food unit with food preparation of foods requiring time/temperature control for safety other than frankfurters.

(f)

A vending commissary where food is prepared, processed, packaged or repackaged.

(g)

A State of Illinois licensed day-care center where food is prepared on-site.

Class C.

A food establishment that serves only beverages such as alcoholic drinks, soft drinks, juices, espresso, cappuccino, tea and milk.

Any food preparation of foods requiring time/temperature control for safety is limited to commercially prepared, prepackaged foods requiring time/temperature control for safety, such as sandwiches, soups, frozen pizzas, frankfurters and nacho cheese that require no preparation other than heating prior to service.

[2]

Foods requiring time/temperature control for safety cannot be cooled and reheated.

[3]

Hand-dipped ice cream can be served.

Mobile food units or pushcarts limited to serving foods not requiring time/temperature control for safety, commissary-wrapped or commercially prepackaged foods requiring time/temperature control for safety and/or the preparation and service of frankfurters.

All foods requiring time/temperature control for safety for service are catered to the facility by a food establishment with a McLean County food permit.

Only foods not requiring time/temperature control for safety are prepared, processed, packaged, repackaged, or served. Commercially prepared baked goods are baked off-site.

(e)

A State of Illinois licensed day-care center where all food served is catered to the facility by a food establishment with a McLean County food permit.

(f)

A Department of Agriculture inspected meat facility with a meat case that offers commercially prepackaged cuts of meat to consumers.

(4)

Class D. (Reserved)

(5)

Class E.

A food establishment where all foods requiring time/temperature control for safety arrive at the store commercially prepared and prepackaged from the supplier and are offered to the customers without further processing or packaging or repackaging.

A vending commissary where all foods requiring time/temperature control for safety arrive commercially prepared and prepackaged from the distributor and leave the commissary without further processing or repackaging.

(6)

Class F, exempt establishments: churches, schools, governmental units and charitable, tax-exempt, not-for-profit corporations registered under Section 501(c)(3) of the Internal Revenue Service Code.

Food establishment permit fees. The annual fees for food permits shall be set forth in Chapter 205, Fees.

Such fees shall be payable upon receipt of an invoice issued by the Health Department.

Fees for permits issued after June 30 shall be reduced by 1/2 the annual fee.

Fees for seasonal permits issued for periods of six months or less during any calendar year shall be reduced by 1/2 of the annual fee.

Fees for first permits. The fee for the first permit issued to an owner, for each food establishment owned or operated, shall be increased by 40% of the annual fee for that establishment. If a business changes location, the owner shall be required to pay the surcharge of 40% for the first permit at the new location.

Penalty fee for late permit renewal payments. A late penalty fee as set forth in Chapter 205, Fees, shall be assessed for permit renewal payments received after January 7 of the permit renewal year. The late penalty fee shall be increased as set forth in Chapter 205, Fees, for payments received after January 21 of the renewal year. Any food establishment operating after February 4 of the permit renewal year without a renewed, valid permit shall discontinue operation or be subject to prosecution pursuant to this § 216-6 and to the penalties contained in § 216-16 of this article.

§ 216-7 Hearings.

Any permit holder that has had its permit suspended, revoked or nonrenewed by the Health Department may seek a review of the decision by the Board of Health by:

Filing within seven days of receipt of the decision, written notice with the Board of Health of intent to seek review of the decision;

Filing a written brief with the Board of Health which states the permit holder's arguments as to why the decision of the Health Department should be reversed. In addition to the permit holder's arguments for reversal, this brief shall contain a short recitation of relevant facts, citation to any relevant legal authority and copies of any documentary evidence the permit holder wishes to be considered by the Board of Health; and

Appearing at the meeting of the Board of Health at which the Board of Health is scheduled to consider the review requested by the permit holder.

The hearings provided for in this section shall be conducted by a quorum of the members of the Board of Health at a time and place designated by the Board within 30 days of the date on which the written request was filed.

Notification. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held.

Findings. Based upon the record of such hearing, the Board of Health shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing.

Written report. A written report of the hearing decision shall be furnished either personally or by certified mail to the petitioner by the Board of Health.

§ 216-8 Administrative review of decisions.

Any person, firm or corporation affected by the decisions, rules or regulations of the Board of Health of McLean County, Illinois, may have the decisions of said Board of Health reviewed in the Circuit Court of McLean County, Illinois, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Board of Health. The term "administrative decision" is defined in Section 1 of the Administrative Review Act.[1]

Editor's Note: See 735 ILCS 5/3-101.

§ 216-9 Inspections.

The Health Department shall routinely inspect each food establishment located in the County of McLean, or its police jurisdiction, at a minimum frequency in accordance with the following schedule and shall make as many additional inspections and reinspections as are necessary for the enforcement of this article:

Permit	Frequency of Inspection
Class A	Four times per year
Class B	Three times per year
Class C	Two times per year
Class E	One time per year
Class F	Two times per year*

NOTE:
*	State of Illinois licensed nursing homes and hospitals shall be inspected at the same frequency as Class A.

Access to establishments. The Health Department, after proper identification, shall be permitted to enter, at any reasonable time, any food establishment within the County of McLean, or its police jurisdiction, for the purpose of making an inspection to determine compliance with this article. It shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used and persons employed.

Inspection records. Whenever the Health Department makes an inspection of a food establishment, it shall record its findings on an inspection report form provided for this purpose and shall furnish a paper or electronic copy of such inspection report form to the permit holder or operator.

Issuance of notices. Whenever the Health Department makes an inspection of a food establishment and discovers that any of the provisions of this article have been violated, it shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notifications, the Health Department shall:

Set forth the specific violations found;

Establish a specific and timely period for the correction of the violations found, substantially as follows:

When one or more items are identified as out of compliance, those items must be corrected by the completion of the inspection or, considering the nature of the violation involved and the complexity of the corrective action needed, corrections may be completed as follows:

All priority as soon as possible but not to exceed 10 calendar days from the time of inspection;

[2]

All priority, priority foundation items, or HACCP plan deviation items must be corrected within 10 calendar days from the time of the inspection; and

[3]

When one or more core items is identified as out of compliance, such items must be corrected no later than the next inspection or within a time period proposed in writing by the permit holder approved by the Health Department provided the extended existence of the item does not present or result in a health hazard.

When the existence of an imminent health hazard is identified, the permit is subject to immediate suspension as provided in § 216-6B, herein. In case immediate suspension is not invoked, the hazard and all priority items shall be corrected within 48 hours from the time of inspection. Corrective action shall be initiated on all of the remaining items. Reinspections shall be conducted at timely intervals to ensure correction. If, within the specified forty-eight-hour time period, corrective action has not occurred, the establishment shall be closed as provided for in § 216-6B herein.

Repeat violations of priority and priority foundation items documented on two or more previous routine inspections will subject the food establishment permit to suspension as provided in § 216-6B. Suspension of the permit may be deferred upon the permit holder's submission of a written corrective action plan within 72 hours of the inspection. The corrective action plan shall include the repeat violations noted on the inspection, the time period in which the violation will be permanently corrected, and procedures implemented by the food establishment to mitigate risks and hazards associated with the repeat violations.

In case of temporary food establishments, violations must be corrected within a specified period of time not to exceed 24 hours. Failure to comply with such notice shall result in immediate suspension of the permit.

State that failure to comply with any notice issued in accordance with the provisions of this article may result in suspension of the permit as provided for in § 216-6B herein.

(4)

State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the Health Department within the period of time established in the notice for correction.

Service of notices. Notices provided for under this section shall be deemed to have been properly served when a copy of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the Health Department.

§ 216-10 Examination and condemnation of food.

Food may be examined or sampled by the Health Department as often as may be necessary to determine freedom from adulteration or misbranding.

Embargo orders.

The Health Department may, upon written notice to the owner or person in charge, place an embargo order on any food which it determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under an embargo order, food shall be permitted to be suitably stored.

It shall be unlawful for any person to remove or alter an embargo order, notice or tag placed on food by the Health Department, and neither such food nor containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Health Department, except on order by a court of competent jurisdiction.

Post-hearing actions. After the owner or person in charge has had a hearing as provided for in § 216-7 herein, and on the basis of evidence produced at such hearing, or on the basis of its examination in the event a written request for a hearing is not received within 10 days, the Health Department may vacate the embargo order or may by written order direct the owner or person in charge of the food which was placed under the embargo order to denature or destroy such food or to bring it into compliance with the provisions of this chapter; provided that such order of the Health Department to denature or destroy such food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three days.

§ 216-11 Establishments outside jurisdiction of Health Department.

Food from food establishments outside the jurisdiction of the Health Department of the County of McLean may be sold within the County of McLean if such food establishments conform to the provisions of this article or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Health Department may accept reports from regulatory authorities in other jurisdictions where such food establishments are located.

§ 216-12 Plan review of future construction.

When a food establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use a food establishment, properly prepared plans and specifications for such construction, remodeling, or alteration, showing layout arrangement, and construction materials of work areas, and the location, size and type of equipment and facilities, shall be submitted to the Health Department in a manner prescribed by the Health Department for approval before such work is begun. A proposed menu must be submitted with the plans.

§ 216-13 Variances.

Any food establishment may request a variance from the requirements of this article and adopted references when such an establishment believes that the requirements result in an undue economic hardship or when it is believed a standard may not apply to the specific situation.

Requests shall be submitted in writing to the Health Department and shall include the name and location of the business, the name of the licensee or prospective licensee when applicable, and the section for which a variance is being requested. Evidence of undue economic hardship should include estimates and costs for compliance. If it is believed that a standard may not apply to the specific situation, an explanation shall be included.

Any person who requests a variance from the provisions of these regulations shall have the burden of supplying the Health Department with information that demonstrates that conditions exist which warrant the granting of a variance. All doubts shall be resolved in the interest of the public's health and safety and in the favor of denial.

The Health Department may grant a variance if:

Such variance is consistent with the purpose and intent of the most current edition of the Illinois Food Service Sanitation Code and its associated acts and codes and this article; and

It is consistent with the protection of the public health; and

In the opinion of the regulatory authority, a health hazard or nuisance will not result from the variance; and

(4)

The circumstances of the food establishment are unique; and

(5)

The cost of compliance is so great that it would threaten the economic viability of the food establishment or the food establishment would be in grave jeopardy if compliance were enforced; and

(6)

The damage to the food establishment's economic viability is in fact caused by compliance.

A variance shall be revoked or expire if:

In the opinion of the Health Department, the variance results in a health hazard or nuisance; or

There is a change of circumstances from those supporting the variance; or