ES-2015-001_7-22-15_SR .PDF

Maricopa County — Formal (2015-06-10)

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Report to the Board of Supervisors
Prepared by the Maricopa County Environmental Services Department
Board of Health (BOH)
Meeting Date: April 27, 2015
Board of Supervisors
Hearing Date: July 22, 2015
Case #/Title: ES-2015-001/30 Day Transition
Supervisor Districts: All Districts
Applicant: Maricopa County Environmental Services Department
(Department)
Request: Approve proposed revision to Maricopa County Environmental
Health Code (MCEHC) – Chapter I and VIII.
Support/Opposition: The Department has received no comments on the proposed
changes.
No stakeholders attended the March 25, 2015 stakeholder
workshop.
Department
Recommendation: Staff recommends the Board of Supervisors (BOS) approve the
proposed revisions to the MCEHC
BOH
Recommendation: Approve per Department recommended language and
proceed on the EROP expedited process.
Executive Summary: On June 9, 2014, this regulatory change was suggested by the
Ad Hoc Task Force Committee (Committee) and the Board of
Supervisors (BOS) voted to accept the Committee’s proposal to
adopt the 30 day transition. The Committee believes the 30
day transition offers changes that will better serve the industry.
This MCEHC proposal allows new owners of existing food
establishments to remain in business for up to 30 days while the
permit application review is in progress.
This proposed regulatory change is following the EROP policy
and workflow process and no new fee changes are requested.
Page 1 of 2

In accordance with the Maricopa County Resolution,
“Moratorium on Increased Regulatory Burdens”, the County
Manager authorized the Department to proceed with this case
in July 2014.
The Department conducted a stakeholder workshop on March
25, 2015. Then on April 27, 2015 the Department presented a
Staff Report for this case to the Board of Health (BOH) at which
time the BOH voted for this case to proceed on the EROP
expedited process and that the BOS adopt the proposed
Department revision.
Presented by: Steven J. Goode, REHS, Director
Attachments: Report to BOH 4/27/15 (11 pages)
County Manager Memo – (1 Page)
Code Mockup – (4 Pages)
Presentation – Stakeholder Workshop 3/25/15 – (4 Pages)
Page 2 of 2

Report to the Board of Health
To Approve For Expedited Process
Prepared by the Maricopa County Environmental Services Department
Case #/Title: ES-2015-001/30 Day Transition
Meeting Date: April 27, 2015
Supervisor Districts: All Districts
Applicant: Maricopa County Environmental Services Department
(Department)
Request: Approve this Maricopa County Environmental Health Code
(MCEHC) proposal for the Enhanced Regulatory Outreach
Program (EROP) Expedited Process.
Discussion: On June 9, 2014, this regulatory change was suggested by the
Ad Hoc Task Force Committee (Committee) and the Board of
Supervisors (BOS) voted to accept the Committee’s proposal to
adopt the 30 day transition. The Committee believes the 30
day transition offers changes that will better serve the industry.
This MCEHC proposal allows new owners of existing food
establishments to remain in business for up to 30 days while the
permit application review is in progress.
This proposed regulatory change is following the EROP policy
and workflow process and no fee changes are requested.
In accordance with the Maricopa County Resolution,
“Moratorium on Increased Regulatory Burdens”, the County
Manager authorized the Department to proceed with this case
in July 2014
Support/Opposition: The Department has received no comments on the proposed
changes.
No stakeholders attended the March 25, 2015 stakeholder
workshop.
Department
Recommendation: Approve the request to process Case ES-2015-001 through the
EROP Expedited Process.
Per the EROP Policy, Section IV(E), the Expedited Process may
only be used if the following criteria have been met:
1. The proposed amendment has been subject to at least one
stakeholder workshop (posted on the County’s website at
Page 1 of 2

least two weeks in advance) and one Citizens’ Board or
Commission meeting;
2. A draft of the regulatory change was available on the EROP
website at least two weeks prior to the Citizens’ Board or
Commission meeting and was forwarded to the
Board/Commission at least one week in advance of their
review meeting;
3. No comments of opposition to the amendment have been
received from the public;
4. The Citizens’ Board or Commission reviewing the amendment
recommends approval.
ES-2015-001/30 Day Transition has met the criteria for the
Expedited Process:
1. One stakeholder workshop on March 25, 2015 was held and
an announcement was posted on the County’s website at
least two weeks in advance;
2. A draft of the regulatory change was available on the EROP
website at least two weeks prior to the Board of Health
(BOH) meeting;
3. No comments of opposition to the MCEHC proposal have
been received from the public;
4. The Department is requesting the BOH approve the proposal
for the EROP Expedited Process.
Regulatory
Process: In accordance with the Maricopa County Resolution,
“Moratorium on Increased Regulatory Burdens,” the County
Manager authorized the Department to proceed with this case
in January 2015. Also, the County Manager briefed the BOS on
the proposed changes in January 2015.
If the BOH approves this regulatory change it is anticipated the
proposal will be on a BOS public hearing agenda in June 2015.
This regulatory change will take immediate effect upon
approval by the BOS.
Presented by: Steven J. Goode, REHS., Director
Attachments: County Manager Case Approval (1 Page)
Proposed MCEHC Revision Language (4 Pages)
Presentation – Stakeholder Meeting (3/25/15) – (4 Pages)
Page 2 of 2

Maticopa County
Environmental Services Department Environmental Services
Department
Steven I Goode, REHS, Director Date: January 5,2015
1001 N. Central Avenue #401
Phone: Phoenix, (602) Arizona 506-6654 85004 To: Tom Manos, County Manager
Fax TDD (602)506-5141 602 372-0622 Via: Joy Rich, AICP, Deputy County Manag I
Ssit=e-yrPerin JT. ftroy-crldPe, PPThsS, RE Dniirvi-efutt
Re: Case ES-2015-001/30 Day Transition
In accordance with the Maricopa County Resolution, "Moratorium on Increased
Regulatory Burdens," the Environmental Services Department (Department) is
seeking your approval to proceed with EROP ES-2015-001130 Day Transition. This
proposal qualifies for the County Manager approval under the moratorium, as "To
lessen or ease a regulatory burden."
On June 9, 2014, this regulatory change was recommended by the Ad Hoc Task
Force Committee (Committee) and the Board of Supervisors voted to accept the
Committee's proposal to institute the option for a new owner of an existing food
establishment to remain in business for a specified period while the required permits
are being obtained. The existing Maricopa County Environmental Health Code
(MCEHC) Chapter I, Regulation 5.b. investigation fee would be applied for 30 day
transition application processing.
The Department is proposing updates to MCEHC Chapters 1 and Vlil to allow new
owners of existing food establishments to remain in business for up to a 30 day
transition period provided the new owner actively seeks required Department
permits and the Department scheduled application process is in progress.
This proposal is following the EROP policy and workflow process and an existing
fee would be utilized.
We are requesting your approval to move this proposed revision forward in
accordance with the Maricopa County Resolution, "Moratorium on Increased
Regulatory Burdens."
Approved by Tom Manos, County Manager

MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER I
GENERAL PROVISIONS
REGULATION 1. to REGULATION 3 No Change
.
REGULATION 4. Permits, Service and Other Requirements
a. No person shall conduct an operation or an OPERATE AN establishment for which a
permit is required without holding the necessary and valid permit to do so, UNLESS
OTHERWISE SPECIFIED IN THIS ENVIRONMENTAL HEALTH CODE.
b. No Change
c. (1) No application for permit shall receive approval and no permit shall be
issued and no facility for which a permit is required shall be placed in
operation until the applicant demonstrates to the Department full compliance
with the provisions of this Environmental Health Code, UNLESS
OTHERWISE SPECIFIED IN THIS ENVIRONMENTAL HEALTH
CODE.
(2) No Change
d. to j. No Change
REGULATION 5. to REGULATION 14. No Change
MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER VIII
FOOD, FOOD PRODUCTS,
FOOD HANDLING ESTABLISHMENTS
SECTION 1
GENERAL PROVISIONS
REGULATION 1. No Change
1-1
R 9-25-2013

REGULATION 2. No Change
REGULATION 3. Permit Required
A. No person shall operate a food establishment without a valid permit TO OPERATE
from the Department UNLESS: or otherwise than in compliance with the applicable
regulations in the Environmental Health Code.
(1) THE PERSON IS OPERATING THE FOOD ESTABLISHMENT IN
COMPLIANCE WITH SECTION 2, REGULATION 7 OF THIS
CHAPTER; OR,
(2) THE FOOD ESTABLISHMENT IS EXEMPT FROM PERMITTING
BASED ON THE PROVISIONS IN A.R.S. § 36-136(H)(4).
B. The permit TO OPERATE shall be posted in a conspicuous place on the premises of
the food establishment.
REGULATION 4. to REGULATION 11. No Change
MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER VIII
FOOD, FOOD PRODUCTS,
FOOD HANDLING ESTABLISHMENTS
SECTION 2
FOOD ESTABLISHMENTS
REGULATION 1. Food Establishments
a. Effective December 10, 2014, the U.S. Food and Drug Administration 2013 Food
Code, and no future editions or amendments, is adopted and incorporated by
reference, except as follows:
1. Section 3-304.15 is omitted;
2. PARAGRAPH Section 3-201.11(B) is amended to read: food prepared in a
private home may not be used or offered for human consumption in a food
establishment unless the food is prepared in compliance with A.R.S. § 36-
136(H)(4)(g).
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3. SECTION 8-301.11 IS AMENDED TO READ: A PERSON MAY NOT
OPERATE A FOOD ESTABLISHMENT WITHOUT A VALID PERMIT
TO OPERATE ISSUED BY THE REGULATORY AUTHORITY
UNLESS THE PERSON IS OPERATING THE FOOD
ESTABLISHMENT IN COMPLIANCE WITH REGULATION 7 OF
THIS SECTION.
b. to d. No Change
REGULATION 2. No Change
REGULATION 3. Permit Required RESERVED
No person shall operate a food establishment without a valid permit issued by the
Department. The permit shall be posted in a conspicuous place on the premises of the
establishment.
REGULATION 4. to REGULATION 6 No Change
REGULATION 7. NEW OWNER TRANSITION
THE DEPARTMENT MAY GRANT THE NEW OWNER OF A FOOD
ESTABLISHMENT APPROVAL TO OPERATE WITHOUT A PERMIT SO
LONG AS THE FOLLOWING REQUIREMENTS ARE MET:
a. THE NEW OWNER SHALL APPLY AND RECEIVE WRITTEN
APPROVAL FROM THE DEPARTMENT PRIOR TO OPERATING.
b. THE TIME BETWEEN THE OWNERSHIP CHANGE AND ISSUANCE
OF THE REQUIRED PERMIT TO OPERATE SHALL NOT EXCEED 30
DAYS.
c. THE PREVIOUS OWNER OF THE FOOD ESTABLISHMENT SHALL
HAVE A VALID PERMIT AT THE TIME OF THE OWNERSHIP
CHANGE.
d. THE NEW OWNER SHALL AGREE TO IMMEDIATELY CEASE
OPERATIONS IF ANY OF THE FOLLOWING OCCUR:
1. AN IMMINENT HEALTH HAZARD SUCH AS FIRE, FLOOD,
ELECTRICAL OR WATER OUTAGE, SEWAGE BACKUP,
MISUSE OF POISONOUS OR TOXIC MATERIALS, ONSET OF
AN APPARENT FOODBORNE ILLNESS OUTBREAK, GROSS
INSANITARY OCCURRENCE OR CONDITION, OR OTHER
CIRCUMSTANCE THAT MAY ENDANGER PUBLIC HEALTH.
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2. EVIDENCE OF LIVE INSECT AND/OR VERMIN ACTIVITY.
3. MISSING OR INOPERABLE PLUMBING FIXTURES ESSENTIAL
TO FACILITY OPERATIONS, SUCH AS HAND SINKS AND
WAREWASHING EQUIPMENT.
4. INADEQUATE SUPPLY OF HOT AND COLD WATER.
5. INSUFFICIENT, INADEQUATE, OR UNAPPROVED FOOD
TEMPERATURE CONTROL EQUIPMENT.
e. THE NEW OWNER SHALL NOT CONDUCT ANY FOOD PROCESS
WHERE A VARIANCE OR HAACP PLAN IS REQUIRED IN
ACCORDANCE WITH THE U.S. FOOD AND DRUG ADMINISTRATION
2013 FOOD CODE §§ 3-502.11, 3-502.12, 8-201.13, 8-201.14 AND SUBPART
8-103 WHICH HAS NOT BEEN ISSUED AND/OR APPROVED BY THE
DEPARTMENT.
f. THE NEW OWNER SHALL ABIDE BY THE RESPONSIBILITIES OF A
PERMIT HOLDER AS REFERENCED IN THE U.S. FOOD AND DRUG
ADMINISTRATION 2013 FOOD CODE § 8-304.11.
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03/25/2015
Maricopa County
Environmental Services Department
Stakeholder Meeting
Working with our community
to ensure a safe and healthy environment
Proposed Revisions VISION STATEMENT:
Maricopa County Environmental Health Code As the recognized regional environmental leader, we will develop
and foster innovative environmental health protection programs for
the safety of our residents and their environment.
CASE # ES-2015-001 MISSION STATEMENT:
New Owner Transition The mission of the Environmental Services Department is to provide
safe food, water, waste disposal and vector borne disease reduction
controls to the people of Maricopa County so that they may enjoy
living in a healthy and safe community.
Maricopa County Environmental Services Department
March 25, 2015
EROP: What is it?
EROP
• Adopted by BOS in January 2013
• County Policy: Outreach # A1518
What is it? • Comprehensive process allows SH input
Where do I find it? – Adoption & amendment of all regulatory
requirements
How does it impact me?
• Applicable to 6 Departments: ESD, AQ, P&D,
Flood, Transportation, Procurement
• 2014 NACo Achievement Award
EROP: Where do I find it?
• Accessible from the county main page
http://www.maricopa.gov/
• Accessible from Department websites
• Look for
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03/25/2015
http://www.maricopa.gov/regulations/es/process.aspx
EROP Notifications Include:
• Follow the Regulatory Process
• Regulatory Meetings
• Current Regulatory Index
• Substantive Policy Statements
http://www.maricopa.gov/regulations/Notifications.aspx
How does EROP benefit me?
• Information
You know current cases and status
You can assist your SH with questions
Did you know?
http://www.maricopa.gov/regulations/comments.aspx
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03/25/2015
New Owner Transition New Owner Transition
Current code language does not allow for an
Overview: business to operate until it has qualified for and
obtained a valid permit from the Department.
Proposed change would allow new owners of
existing food establishments to remain in business
for up to 30 days while the permit application
review is in progress.
New Owner Transition Requirements
Proposed code language provides an exception Chapter 8, Regulation 7 outlines the conditions
for food establishments that meet the under which a new owner may be allowed to
requirements outlined in Chapter 8, Reg. 7. operate during the permit qualification process.
1. New owner must apply and receive written
approval to operate during the transition.
2. Time between the ownership change and
issuance of the permit will not exceed 30 days.
3. The prior owner has a valid permit at the time
of the ownership change.
Requirements Requirements
4. New owner must agree to cease operating if 5. New owner cannot conduct operations that
any of the following occur: require a variance or HACCP plan.
• Imminent health hazard (fire, flood, • Variances are generally issued for specialized food
processes, such as vacuum packaging food. A separate
electrical or water outage, sewage back up) review and approval process is required by the
• Evidence of live insects and/or vermin Department to obtain a variance.
• Critical pluming fixtures missing or
inoperable 6. New owner must adhere to the
responsibilities of a permit holder outlined in
• Inadequate supply of hot and cold water
the 2013 FDA Food Code.
• Inadequate food temperature control
equipment
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03/25/2015
Requirements
Thank you for your participation!
8‐304.11 Responsibilities of permit holder: We welcome your questions
• Comply with the provisions of code and comments.
• Report employee illnesses
http://www.maricopa.gov/regulations/
• Discontinue operations for imminent health
hazard
• Allow access for inspections Ken Conklin, R.S., MPA, CPM
• Replace equipment that constitutes a Andrew Linton, R.S., CPM
Maricopa County Environmental Services Department
public health hazard or nuisance 1001 N. Central Ave.
• Comply with directives of the Department Phoenix, AZ 85004
• Accept notices from the Department
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