In addition to those provisions set forth in the Monroe County Health Code, Article II, Food Sanitation Code, this Article hereby adopts, by reference, the provisions set forth in the State of Illinois Department of Public Health, Division of Food and Drugs, Food Service Sanitation Rules and Regulations; and the provisions set forth in the State of Illinois, Department of Public Health, Division of Food and Drugs, Retail Food Store Rules and Regulations, 77 Illinois Administrative Code 750, and any subsequent amendments of revisions.
[Ord. No. 2025-4, 3-17-2025]
(A) 
It shall be unlawful for any person to operate a food service establishment or Retail Food Store within the County of Monroe who does not possess a valid Certificate of Compliance issued to him by the Monroe County Health Department. Only a person who complies with the requirements of this Code and the Rules and Regulations adopted by the Board of Health shall be entitled to receive and retain such a Certificate of Compliance. Certificates of Compliance shall not be transferable from one person to another person; nor shall said certificates be applicable to any locations, buildings or places other than that which it is issued. A valid Certificate of Compliance shall be conspicuously posted in every food service establishment or retail store.
(B) 
The fee for a Certificate of Compliance shall be set by the Board of Health annually. (Facilities serving daily menus and that are open to the public as restaurant facilities will be changed according to risk.) Fees shall be made payable to the Monroe County Health Department annually.
(C) 
Failure to renew permit. If a permit has not been renewed by the renewal date, a late fee will be added to the initial fee. Late fees shall be set by the Board of Health. If the permit has not been renewed within seven (7) days of the date of renewal, the permit holder or operator may be issued a notice for operating an establishment without a valid Monroe County food service permit and may be subject to permit suspension and closure.
To maintain standards of food sanitation, the Health Department will provide education and written guidelines to temporary food establishments as soon as the Health Department becomes knowledgeable of said temporary operations and as requested by them.
[Ord. No. 2025-4, 3-17-2025]
(A) 
Any person desiring to operate a food establishment shall make a written application for a Certificate of Compliance on forms provided by the Health Department. Such application shall include: The applicant’s full name and post office address and whether such applicant is an individual, firm, or corporation, the names and addresses of all officers of the corporation; the location and address of all officers of the corporation, the location and address and type of proposed food establishments, valid email address and the signature of the applicant.
(B) 
Upon receipt of such application, the Health Officer shall inspect the food establishment to determine compliance with the provisions of this Code and the Rules and Regulations adopted by the Board of Health. When the inspection reveals that all applicable requirements of the Code and Rules and Regulations have been met, the Health Officer shall issue a Certificate of Compliance to the applicant.
(C) 
The Certificate of Compliance shall be in such form as adopted and approved by the Health Department, but it shall contain a description of the food establishment and shall be valid only for the location, building or place described therein.
(A) 
Certificates of Compliance may be suspended temporarily by the Health Officer for failure of the holder to comply with the requirements of this Code.
(B) 
Whenever a Certificate of Compliance holder or operator has failed to comply with any notice issued under the provisions of this Code, the Certificate of Compliance holder or operator shall be notified, in writing, that the Certificate of Compliance is, upon service of the notice, immediately suspended, and that an opportunity for a hearing may be filed with the Board of Health at the request of the Certificate of Compliance holder.
Notwithstanding the other provisions of this Code, whenever the Health Officer finds unsanitary or other conditions in the operation of a food establishment which, in his judgment, constitute a substantial hazard to the public health, the Health Officer, without warning, notice or hearing, may issue a written notice to the Certificate of Compliance 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 Certificate of Compliance is immediately discontinued. Any person to whom such an order is issued shall comply immediately herewith, but upon written petition to the Board of Health shall be afforded a hearing as soon as possible.
[Ord. No. 2025-4, 3-17-2025]
Any person whose Certificate of Compliance has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the Certificate of Compliance. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the Certificate of Compliance have been corrected, the Health Officer shall make a reinspection. If the applicant complies with the requirements of this Code, the Certificate of Compliance shall be reinstated.
For serious or repeated violations of any of the requirements of this Code, or for interference with the Health Officer in the performance of their duties, the Certificate of Compliance may be permanently revoked after an opportunity for a hearing has been provided by the Board of Health. Prior to such action, the Health Officer shall notify the Certificate of Compliance holder that the certificate is subject to revocation and advise that the Certificate of Compliance shall be permanently revoked at the end of five (5) days following service of such notice, unless a request for hearing is filed with the Board of Health by the Certificate of Compliance holder within such five (5) day period. The Certificate of Compliance may be suspended for cause pending its revocation of a hearing relative thereto.
The Health Officer, after proper identification, shall be permitted to enter any food establishment within the County, or its jurisdiction, for the purpose of making inspections to determine compliance with this Code. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food supplies, purchases received, or used, and persons employed. A report of the findings will be left with the operator.
[Ord. No. 2025-4, 3-17-2025]
Whenever the Health Officer conducts an inspection, findings shall be recorded on an inspection report form provided for this purpose and shall furnish a copy of such inspection report form to the permit holder or operator. The current inspection report shall be posted in a conspicuous place in the establishment in view of the public.
Whenever the Health Officer makes an inspection of an establishment and discovers that any of the requirements of this Code have been violated, he may notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the Health Authority shall:
(A) 
Set forth the specific violations found;
(B) 
Establish a specific and reasonable period of time for the correction of the violations found in accordance with the enforcement procedure;
(C) 
State that failure to comply with any notice issued in accordance with the provisions of this Code may result in immediate suspension of the Certificate of Compliance; and
(D) 
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 Officer within the period of time established in the notice of correction.
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 Certificate of Compliance 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 Certificate of Compliance holder. A copy of such notice shall be filed with the records of the Health Officer.
When a food establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food establishment, properly prepared plans and specifications for such construction, materials of work areas, and the location, size and type of fixed equipment and facilities, shall be submitted to the Health Officer for approval before such work is begun.
When the Health Officer has reasonable cause to suspect possibility of disease transmission from any food establishment employee, the Health Officer shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, then take appropriate action. The Health Officer may require any or all of the following measures:
(A) 
The immediate exclusion of the employee from all food establishments.
(B) 
The immediate closure of the food establishment concerned until, in the opinion of the Health Officer, no further danger of disease outbreak exists.
(C) 
Restriction of employee’s services to some area of the establishment where there would be no danger of transmitting disease.
(D) 
Adequate medical and laboratory examinations of the employee, of other employees, and of his and their body discharges.
Food may be examined or sampled by the Health Officer as often as may be necessary to determine freedom from adulteration or misbranding. The Health Officer may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order notice or tag placed on food by the Health Officer, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Health Officer, except on order by a court of competent jurisdiction. The owner may request a hearing on the hold order with the Board of Health within ten (10) days, and after such hearing, and on the basis of evidence produced at such hearing, or in the event that a written request for a hearing received with said ten (10) day period, the Board of Health may vacate the hold order, or may, by written order, direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this Code, provided that such order of the Board of Health to denature or destroy such food or bring it into compliance with the provisions of this Code shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.