[History: Tribal Act #96-15.450, enacted by Tribal Council
on December 17, 1996.]
The purpose of this ordinance is to protect the public from
food borne illnesses and diseases.
[History: Tribal Act #96-15.450, enacted by Tribal Council
on December 17, 1996.]
For the purpose of this code:
(a)
"Commissary" means a location where food is stored, prepared, or
otherwise handled to provide prepared food for sale via a vehicle
or other means of sale.
(b)
"Council" means the Tribal Council of the Grand Traverse Band of
Ottawa and Chippewa Indians.
(c)
"Environmental Health Advisor" means the GTB Tribal Health Service
Registered Sanitarian or his/her designee.
(d)
"Food" means any raw, cooked, or processed edible substance, ice,
beverage or ingredient used or intended for use or for sale in whole
or in part for human consumption.
(e)
"Food Borne Illness" means an illness, disease or discomfort brought
on by the consumption of food.
(f)
"Food Service Establishment" means a unit or location where food
is processed and intended for immediate consumption. The term includes
any such place whether consumption is on or off the premises. Food
Service Establishments shall be of three categories:
(g)
"GTB" means the Grand Traverse Band of Ottawa and Chippewa Indians,
a federally-recognized Indian tribe.
(h)
"Health Director" means the duly appointed GTB Health Services Director
or his/her designee.
(i)
"Imminent Public Health Hazard" means threatening, menacing, or perilous
in the judgment of the inspector.
(j)
"Retail Food Outlet" means a unit or location at which food is offered
for sale or distribution with no cutting, mixing, grinding, packaging,
or processing.
(k)
"Temporary Food Service Establishment" means a food service establishment
that operates at a fixed location for a period of not more than 14
consecutive days in conjunction with a single event or celebration.
Temporary Food Service Establishments shall be of three categories:
[History: Tribal Act #96-15.450, enacted by Tribal Council
on December 17, 1996.]
(a)
No person shall operate a food service establishment who does not
have a valid Food Service Permit issued by the Health Director.
(b)
Only a person who complies with the requirements of this ordinance
shall be entitled to receive or retain such a permit.
(c)
Permits are not transferable.
(d)
A valid permit shall be posted in every food service establishment.
(e)
The sale of fresh fish is not governed by this Act, but is separately
regulated by federal law in 21 C.F.R. 123 and 124, of the Federal
Food, Drug and Cosmetic Act.
(f)
Permanent, non-temporary commercial food service establishments operating
on trust lands of the Grand Traverse Band of Ottawa and Chippewa Indians
must possess an unsuspended, unrevoked Food Service Permit from the
Health Director. Food service permits will be issued as follows:
(g)
All permanent facilities must meet the general requirements of the
"1995 Food Code U.S. Public Health Service" or the 1982 edition of
the Food and Drug Administration's "Retail Food Store Sanitation Code"
or "Regulation 541 of the Michigan Department of Agriculture Food
Division" for smoked fish, whichever applicable and any other policies
developed by the Tribe regarding, for example, compliance time frames.
(1)
The Environmental Health Advisor shall submit a completed food
service establishment inspection report to the Health Director.
(2)
The Health Director shall issue a Food Service Permit if the
following conditions are met:
(A)
A score of at least "75" out of a perfect "100" was recorded
on Form FDA 2420, or Form FDA 3079, and
(B)
There were no "critical item" deficiencies noted on Form FDA
2420 or FDA Form 3079.
(C)
Food Service Permits shall be issued for a twelve-month period
following approval by the Health Director. Renewal of the permit is
to be accomplished by notifying the Health Director, who will then
request the Environmental Health Advisor to inspect the premises.
(D)
Food Service Permits shall be displayed in a conspicuous location
within food service establishments.
(h)
No person shall operate a temporary food service establishment who
does not have a valid Temporary Food Service Permit issued to him/her
by the Health Director of the Grand Traverse Band.
(1)
Only a person who complies with the requirements of this ordinance
shall be entitled to receive or retain such a permit.
(2)
Permits are not transferable. Temporary Food Service Permits
shall terminate 14 days from the date of issue.
(3)
Temporary food service establishments, operating on trust lands
of the Grand Traverse Band, must possess an unsuspended, unrevoked
Temporary Food Service Permit from the Health Director of the GTB.
Temporary Food Service Permits will be issued as follows:
(A)
All temporary facilities must meet the general requirements
of the GTB'S "Temporary Food Service Guidelines".
(B)
The Health Director shall issue a Temporary Food Service Permit
to the operator of a temporary food service facility if the operator
of said establishment has reviewed the "Temporary Food Service Guidelines"
and signed an agreement to comply with these guidelines.
(C)
Temporary food service permits shall be issued for a period
of time as designated by the Health Director.
(D)
Temporary Food Service Permits shall be prominently displayed
within the food service establishment.
(i)
Three copies of the "1995 Food Code U.S. Public Health Service",
"Retail Food Store Sanitation Code", "Regulation 541 of the Michigan
Department of Agriculture Food Division" and the "Temporary Food Service
Guidelines" shall be on file in the office of the Health Director.
(j)
All food service employees will be required to obtain and possess
a current Food Handler Certificate. The Food Handler Certificate will
be issued by the Health Director and will be valid for one year after
issuance.
(1)
To obtain a Food Handler Certificate, the food service employees
must attend a Food Service Training Session, sponsored by the GTB
Health Department, and present the negative results of a tuberculosis
(Manteaux) test.
(2)
Food Service Training Sessions will be presented at least twice
a year as published by the Health Director. Manteaux tests will be
available from the GTB Health Department.
(3)
Copies of all Food Service Permits, Temporary Food Service Permits,
and Food Handler Certificates will be maintained by the GTB Health
Director or his/her designee.
[History: Tribal Act #96-15.450, enacted by Tribal Council
on December 17, 1996.]
(a)
The GTB Tribal Council delegates inspection authority of all food
service establishments on trust lands of the GTB to the Health Director
and Environmental Health Advisor.
(b)
Inspections shall be conducted at least annually of all permanent,
non-temporary food service establishments by the Environmental Health
Advisor or his/her designee, and findings shall be reported utilizing
the Food Service Establishments Inspection Report Form FDA 2420 or
Form FDA 3079. Commercial establishment reports will be sent to the
owner/operator of the facility, the Chairman of the GTB Tribal Council,
and the Health Director of the GTB.
[History: Tribal Act #96-15.450, enacted by Tribal Council
on December 17, 1996.]
If any individual or party, subject to the jurisdiction of the
GTB, who also operates a food service establishment required to possess
a Food Service Permit or a Temporary Food Service Permit, violates
the aforementioned provisions, such violation shall constitute grounds
for termination of that person's permit to trade on trust lands of
the GTB by the GTB Health Director.
[History: Tribal Act #96-15.450, enacted by Tribal Council
on December 17, 1996.]
(a)
The GTB Sanitarian or his/her designee shall be responsible for the
enforcement of the terms and conditions of this Food Service Ordinance.
(b)
The Sanitarian shall issue a Cease and Desist Order to any food vendor,
temporary or permanent, who is not in compliance, with the Food Service
Ordinance and when it has been determined there is an existing or
an imminent public health hazard.
(c)
The Cease and Desist Order shall be placed on the vendor's premises
in a place clearly visible to the public. The Cease and Desist Order
shall state that the GTB Sanitarian has ordered this establishment
to cease and desist from selling food until such time as the establishment
is in compliance with this Food Service Ordinance.
(d)
It shall be a misdemeanor for any food vendor to sell food without
a valid permit. The misdemeanor shall be punishable in Tribal Court
by a jail term not to exceed 90 days and/or a fine not to exceed $100.
(e)
If a food vendor continues to operate after the issuance of a Cease
and Desist Order and/or a citation issued by Tribal Law Enforcement,
the Sanitarian, his or her designee, or Tribal Law Enforcement may
obtain, ex-parte, a Temporary Restraining Order from the Tribal Court
ordering the closure of the food vending establishment.
(f)
All equipment used in a food vending operation which is in violation
of this Food Service Ordinance shall be subject to seizure and may
be forfeited to the Tribe upon the petition of the Tribal Prosecutor
and a hearing in Tribal Court.
[History: Tribal Act #96-15.450, enacted by Tribal Council
on December 17, 1996.]
(a)
This ordinance shall be in full force and in effect immediately after
its adoption and, at that time, all ordinances and parts of ordinances
in conflict with this ordinance are hereby repealed.
(b)
Should any section, paragraph, sentence, clause or phrase of this
ordinance be declared unconstitutional or invalid for any reason,
the remainder of said ordinance shall not be affected.
(c)
Any part of this ordinance may be amended by the GTB Tribal Council
by a majority vote.
(d)
Upon the adoption of this ordinance there shall be allowed, one year,
a time period in which to fulfill all of its administrative requirements
(creation and issuance of forms, permits and certificates).
