ES-2013-003.PDF

Maricopa County — Formal (2013-09-25)

Extracted text (via pymupdf_layout) 36365 characters

Report to the Board of Supervisors
Prepared by the Maricopa County Environmental Services Department
Board of Health (BOH)
Meeting Date: July 22, 2013
Board of Supervisors
Hearing Date: September 25, 2013
Case #/Title: ES-2013-003/Revision to Maricopa County Environmental Health
Code (MCEHC) – Food Service Worker
Supervisor Districts: All Districts
Applicant: Department Initiated
Support/Opposition: Attendees at the March 6, 2013 and May 21, 2013 stakeholder
meetings expressed support for this proposal and one email
expressing support was received via Enhanced Regulatory
Outreach Program (EROP) email. No opposition has been
expressed.
Request: This code revision establishes the opportunity for those with a
disability to obtain a limited use Food Service Worker Card; it
also clarifies existing exemption language and enhances
consistency with Chapter VIII regarding terminology. No fee
changes are requested.
Department
Recommendation: Approve
BOH
Recommendation: Approve per Department recommended language
Executive Summary: Proposed revisions to MCEHC Chapter VII:
• Limited Use Food Service Worker Card – Include a new
Limited Use Food Service Worker Card. This card would
reasonably accommodate a food service worker with
disability as requested by the food establishment’s food
service manager. The Limited Use Food Service Worker
Card expires three years from the date of issue and its
fee is the same as listed in the MCEHC Chapter I fee
table.
Page 1 of 2

• Regulation 7: Exemptions – Correct exemption language
to provide consistent enforcement for the regulation;
change language from “packaged or non-potentially
hazardous foods to “prepackaged foods that are not
potentially hazardous (time/temperature control for
safety) foods”.
This proposed regulatory change is following the EROP policy
and workflow process.
The County Manager briefed the Board of Supervisors in
February 2013. Following passage of the Maricopa County
Resolution, “Moratorium on Increased Regulatory Burdens”, the
County Manager authorized the Department to proceed with
this case.
An initial stakeholder meeting was conducted March 6, 2013.
Then on April 22, 2013, the Department presented a Staff Report
for this case to the Board of Health (BOH) at which the BOH
voted in support of the Department initiating this case.
The Department conducted a follow-up stakeholder meeting
on May 21, 2013. Then on July 22, 2013, the Department
presented a Staff Report for this case to the BOH at which the
BOH voted to recommend that the Maricopa County Board of
Supervisors adopt the proposed revision to the MCEHC.
Pursuant to A.R.S. § 11-251.13, written notice of the proposed
new fee was posted on the home page of the Maricopa
County website more than sixty days before the date the
proposed new fee is approved or disapproved by the BOS at
the September 25, 2013 hearing.
Presented by: John Kolman, R.S., MBA, Director
Attachments: Report to BOH (July 22, 2013) – (29 Pages)
Public Notice of Proposed Fees and Notice of Public Hearing –
(3 Pages)
Page 2 of 2

Report to the Board of Health
To Make Recommendations To Board of Supervisors
Prepared by the Maricopa County Environmental Services Department
Case #/Title: ES-2013-003/Revision to Maricopa County Environmental Health
Code (MCEHC) – Food Service Worker
Meeting Date: July 22, 2013
Supervisor Districts: All Districts
Applicant: Department
Request: This code revision establishes the opportunity for those with a
disability to obtain a Limited Use Food Service Worker Card; it
also clarifies existing exemption language and enhances
consistency with Chapter VIII terminology. No fee changes are
requested.
Support/Opposition: Attendees at the March 6, 2013 and May 21, 2013 stakeholder
meetings expressed support for this proposal and one email
expressing support was received via Enhanced Regulatory
Outreach Program (EROP) email. No opposition has been
expressed.
Department
Recommendation: Approve
Discussion: Proposed revisions to MCEHC Chapter VII:
• Limited Use Food Service Worker Card – Include a new
Limited Use Food Service Worker Card. This card would
reasonably accommodate a food service worker with
disability as requested by the food establishment’s food
service manager. The Limited Use Food Service Worker
Card expires three years from the date of issue and its
fee is the same as listed in the MCEHC Chapter I fee
table.
• Regulation 7: Exemptions – Correct exemption language
to provide consistent enforcement for the regulation;
change language from “packaged or non-potentially
hazardous foods to “prepackaged foods that are not
potentially hazardous (time/temperature control for
safety) foods”.
Page 1 of 2

This proposed regulatory change is following the EROP policy
and workflow process.
The County Manager briefed the Board of Supervisors in
February 2013. Following passage of the Maricopa County
Resolution, “Moratorium on Increased Regulatory Burdens”, the
County Manager authorized the Department to proceed with
this case.
An initial stakeholder meeting was conducted March 6, 2013.
Then on April 22, 2013, the Department presented a Staff Report
for this case to the Board of Health (BOH) at which the BOH
voted in support of the Department initiating this case.
The Department conducted a follow-up stakeholder meeting
on May 21, 2013.
Department
Recommendation: Staff recommends the Board of Health approve the proposed
revisions to the MCEHC.
Presented by: John Kolman, R.S., MBA, Director
Attachments: Maricopa County Resolution, “Moratorium on Increased
Regulatory Burdens” (2 Pages)
County Manager Case Approval (1 Page)
Proposed Code Revision Language (3 Pages)
Presentation – Stakeholder Meeting (5/21/13) – (2 Pages)
Minutes – Stakeholder Meeting (5/21/13) – (2 Pages)
Report to BOH (4/22/13) – (17 Pages)
Page 2 of 2

RESOLUTION
Moratorium on Increased Regulatory Burdens
WHEREAS, creating a predictable regulatory climate that promotes job creation and a
healthy economy is critical to the well-being of the county’s residents and businesses;
and
WHEREAS, county government plays a critical role in encouraging economic recovery;
and
WHEREAS, Maricopa County is committed to full compliance with all applicable federal
and state laws and regulations and enforcement of such as may be required; and
WHEREAS, Maricopa County is further committed to streamlining regulations,
improving regulatory processes, and decreasing regulatory burdens while protecting the
public health, safety and the environment; and
WHEREAS, the regulated community and the general public is encouraged to bring
forward ideas to reduce regulatory burdens and create regulatory efficiencies; and
WHEREAS, the Board of Supervisors has previously demonstrated its commitment to
regulatory fairness and transparency by adopting the Enhanced Regulatory Outreach
Program, a program that provides unprecedented communication and participation
regarding regulatory changes.
NOW, THEREFORE, BE IT RESOLVED, the Maricopa County Board of Supervisors,
directs the following:
1. All county departments are prohibited from initiating any regulatory ordinance,
rule or regulation changes except as permitted by this Resolution. It is the
objective of this Resolution to eliminate any unnecessary increased regulatory
burdens or costs for employers, citizens, or political subdivisions of Arizona.
2. Paragraph 1 does not apply to regulatory changes for any one or more of the
following reasons:
a. To lessen or ease a regulatory burden
b. To prevent an immediate or significant threat to public health, peace or safety
c. To avoid a violation of a court order or federal law that would result in
sanctions by a court or the federal government for failure to make the
regulatory change

d. To comply with a federal statutory or regulatory requirement or a state
statutory requirement
e. Fee initiations or adjustments necessary to provide adequate, timely or
required service
3. A county department shall not initiate any regulatory changes outlined in
Paragraph 2, sections a – e, without written authorization from the County
Manager.
4. This Resolution does not confer any rights, legal, administrative or otherwise
upon any persons and shall not be used as a basis for challenges to any county
ordinances, rules, regulations, approvals, denials, permits, licenses, or other
County actions or inactions.
5. This Resolution shall remain in effect until 2016, unless repealed, amended or
reauthorized by the Board of Supervisors.
ADOPTED by the Maricopa County Board of Supervisors, Maricopa County, Arizona,
this ____ day of _____________2013.
_________________________________
Andrew Kunasek, Chairman of the Board
ATTEST:
_________________________________
Fran McCarroll, Clerk of the Board
APPROVED AS TO FORM:
_________________________________
Deputy County Attorney
2

MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER VII
FOOD SERVICE WORKERS/MANAGERS
REGULATION 1. Definitions
b. A.“Food Service Manager” means any person who supervises/trains a food service
worker(s) to follow all food safety regulations (Chapter VII and Chapter VIII).
The manager shall be a full time employee of the individually permitted food
establishment where employed
B. “FOOD SERVICE MANAGER CARD” MEANS A DOCUMENT ISSUED BY
THE DEPARTMENT CERTIFYING THAT AN INDIVIDUAL HAS
FULFILLED THE REQUIREMENTS TO WORK AS A FOOD SERVICE
MANAGER.
a. C. “Food Service Worker” means any person who handles, prepares, serves, sells or
gives away food for consumption by persons other than his or her immediate
family, or who handles utensils and equipment appurtenant thereto. The term
does not include persons in establishments regulated under this Code who handle
food or drink exclusively in closed crates, cartons, packages, bottles or similar
containers in which no portion of the food or drink is exposed to contamination
through such handling.
c. D. “Food Service Worker Card” means a document issued by the Department
certifying that an individual has fulfilled the requirements to work as a food
service worker.
“Food Service Manager Card” means a document issued by the Department
certifying that an individual has fulfilled the requirements to work as a food
service manager.
E. “LIMITED USE FOOD SERVICE WORKER CARD” MEANS A DOCUMENT
ISSUED BY THE DEPARTMENT CERTIFYING THAT AN INDIVIDUAL
WITH A DISABILITY HAS FULFILLED THE REQUIREMENTS TO
PERFORM SPECIFIC LOW PUBLIC HEALTH RISK ACTIVITIES.
REGULATION 3.2. Display of Food Service Worker/Manager Cards
No Change
1

REGULATION 3 LIMITED USE FOOD SERVICE WORKER CARDS
THE DEPARTMENT MAY ISSUE A LIMITED USE CARD WHEN REQUESTED TO
REASONABLY ACCOMMODATE A PERSON WITH A DISABILITY.
A. A PERSON WITH A LIMITED US E FOOD SERVICE WORKER CARD
SHALL BE UNDER DIRECT SUPERVISION OF THE FOOD
ESTABLISHMENT’S FOOD SERVICE MANAGER AT ALL TIMES WHEN
HANDLING FOOD OR FOOD CONTACT SURFACES.
B. THE FOOD ESTABLISHMENT’S FOOD SERVICE MANAGER SHALL BE
RESPONSIBLE FOR ALL LIMITED USE FOOD SERVICE WORKER CARD
APPLICANTS AND FOR REQUESTING A DEPARTMENT ONSITE VISIT
TO HAVE THE DEPARTMENT OFFICIALLY DOCUMENT ANY
TRAINING AND TO WITNESS THE APPLICANT'S ASSOCIATED
FUNCTIONS AND DUTIES ASSIGNED BY THE FOOD SERVICE
MANAGER.
C. UPON DEPARTMENT APPROVAL, THE APPLICANT WILL RECEIVE
WRITTEN AUTHORIZATION TO HAVE A LIMITED USE FOOD
SERVICE WORKER CARD ISSUED AT THE DEPARTMENT’S OFFICES
WITH PROOF OF LAWFUL PRESENCE IN ACCORDANCE WITH
ARIZONA STATE STATUTE (A.R.S. § 41-1080).
D. THE LIMITED USE FOOD SERVICE WORKER CARD SHALL EXPIRE
THREE YEARS FROM THE DATE OF ISSUE AND THE FEE IS THE SAME
AS LISTED IN CHAPTER I OF THIS CODE FOR FOOD SERVICE WORKER
CARDS.
E. APPLICANTS MAY HAVE A LIMITED USE FOOD SERVICE WORKER
CARD REISSUED BY FOLLOWING PARAGRAPHS A. THROUGH D. OF
THIS REGULATION.
REGULATION 4. Food Service Manager Training
a. No Change
REGULATION 2. 5. Food Service Worker Training
No Change
REGULATION 5. 6. Food Service Manager’s Duty
2

a. and b. No Change
REGULATION 6. 7. Communicable Disease
a. to c. No Change
REGULATION 7. 8. Exemptions
Any food establishment, AS DEFINED IN CHAPTER VIII OF THIS CODE, exclusively
serving PREpackaged or non- FOODS THAT ARE NOT potentially hazardous foods
(TIME/TEMPERATURE CONTROL FOR SAFETY) FOODS, as defined in Chapter VIII of
this Code, is exempt from Regulations 4 and 5 6 of this Chapter.
3

Environmental Services Department
Stakeholder Meeting
ES-2013-003 Food Service Worker Limited Use Card
Tuesday, May 21, 2013 9am
Stakeholders Present: Sherry Gillespie, AZ Restaurant Association.
Staff Present: Steven Goode – Deputy Director, Ken Conklin – Quality & Compliance Division
Manager, Shikha Gupta – Quality & Compliance Operation Supervisor, David Morales – Food Service
Worker Program Supervisor, Caroline Oppleman – Quality & Compliance Management Analyst, Pat
Valadez – Quality & Compliance Administrative Assistant, Lene Pope – Quality & Compliance
Development Service Technician.
Presenter(s): Caroline Oppleman, Shikha Gupta
Minutes*:
The stakeholder present was familiar with the EROP process, so that portion of the presentation of
was not shown.
The Limited Use Card presentation was explained and the main idea behind it was given.
 When you say that it is a limited use, does that mean that it can only be used a one particular
restaurant or can they use it at other places as well?
o These are the type of comments that we will address in the code if needed, but we
would anticipate that they could use at other establishments as well if they have the card
and as long as there is a Certified Food Service Manager (CFSM) on-site that can
oversee their job.
 How is it different than the current regular card other than the testing, and what would the
limitations be for this type of card?
o An example would be if you have a person that is trained to do only dishes and nothing
else. Their duties will be limited to a very specific area of the operation and they will be
trained in that area only. They will not be able to switch duties and perform other duties
within the establishment, such as cooking or prepping. It will be limited to what the
CFSM submits the card for, and verification is done on-site with an inspector.
 What if you wanted to have that person change from doing dishes to clearing tables, do they
have to go get another card?
o We recommend that the CFSM assess in the beginning of what duties they can be
limited to perform, so they can verify all the job duties with the inspector.
 Will the job duties be listed somewhere, or do we want to avoid listing them?
o That is one item that we haven’t discussed in detail yet, we are looking for input from
stakeholders and the industry with that, to see how it would work best for all parties.
The card itself will not have anything listed on it; it will only say “Limited Use”. We
want to make sure that it will be the CFSM taking full responsibility for the duties
agreed to, and making sure that they will be in compliance with the Health Code.
 Will the individual be required to take the same test as the regular card?
Working with our community to ensure a safe and healthy environment Page 1 of 2

o No, that’s the change with this card; they will not be required to take a test. A
verification visit on-site will be conducted by our inspector.
 Will the cost be the same?
o Yes, it will be the same cost.
 One of our association board members is currently hiring people with disabilities and special
needs, and I would like to get his input and find out what he is doing right now with this. I will
get his input and provide feedback.
Changes to Chapter 7 of the Health Code were given and explained clarifying language regarding
packaged and non-Potentially Hazardous Food (PHF) items and TCS.
 What does TCS mean?
o Time Temperature Control for Safety
 So if you are selling chips and candy bars then you are fine?
o Yes, you do not need a permit for that, as long as it is non-PHF and pre-packaged.
 What about sandwiches and cookies?
o The cookies would be considered a non-PHF item and would be ok.
 So you are just adding TCS to this?
o Yes.
Items related to documenting the limited use duties were discussed, and the stakeholder will provide
feedback at a later time regarding this topic. Perhaps having a Standard Operating Procedure similar to
the establishments in the Cutting Edge program has for many items.
 What if during the verification visit of the Limited Use worker, the inspector sees a rat running
across the floor, will they have the authority to write violations for that?
o We are not there to look at things the establishments is doing incorrectly, only to see if
the CFSM is comfortable with and what duties the worker can perform in the
establishment.
 So it will be a scheduled visit?
o Yes, we will call ahead of time to schedule with the establishment.
Having this type of card will allow people with both mental and physical disabilities to work in a
restaurant and perform limited types of work. There will always be jobs they can perform as long as
food safety is not compromised. That is really what our goal is with this addition to the code. It was
originally suggested by the industry.
Meeting adjourned.
*The minutes document only those questions and comments applicable to the topic presented. All
other questions and comments not relevant to the topic were addressed either at the time of the
meeting or shortly thereafter.
Working with our community to ensure a safe and healthy environment Page 2 of 2

Report to the Board of Health
To Initiate Regulatory Change
Prepared by the Maricopa County Environmental Services Department
Case #/Title: ES-2013-003: Revision to Maricopa County Environmental Health
Code – Food Service Worker
Meeting Date: April 22, 2013
Supervisor Districts: All Districts
Applicant: Department
Request: This code revision will establish the opportunity for those with a
disability to obtain a limited use Food Service Worker Card; it
also clarifies existing exemption language and enhances
consistency with Chapter 8 regarding terminology. No fee
changes are requested.
Support/Opposition: Attendees at the March 6th stakeholder meeting expressed
support of the proposal and said it would make a positive
difference for some of the students in the high school system.
Stakeholders stated they would take the information back to
their special education department and that this new card
would open doors for some of their students who otherwise
would be unable to work because of their disability.
Prior to the meeting, an email expressing support was received
via EROP email. The email included a question regarding the
proof of lawful presence requirement. The Department
response stated that verification of lawful presence for issuance
of the card still is required.
Department
Recommendation: Initiate
Discussion:
Proposed revisions to Chapter 7:
• Limited Use Food Service Worker Card – Include a new Limited Use Food
Service Worker Card. This card would reasonably accommodate a food
service worker with disability who can only perform certain job duties based
on their capabilities.
Page 1 of 2

• Regulation 7: Exemptions – Correct exemption language. To provide
consistent enforcement of the regulation, change language from packaged
“or” non-PHF to packaged “and” non-PHF. The language also would include
time/temperature control for safety (TCS) food.
This proposed regulatory change will follow the Enhanced Regulatory Outreach policy
and workflow process.
The County Manager briefed the the Board of Supervisors in February 2013.
A stakeholder meeting was conducted on March 6, 2013.
Department Recommendation:
Staff recommends the Board of Health approve initiation of the proposed revision to the
Maricopa County Environmental Health Code.
Presented by: John Kolman, R.S., MBA, Director
Attachments: Proposed Code Revision Language (3 Pages)
Presentation – Stakeholder Meeting (3/6/13) – (9 Pages)
Minutes – Stakeholder Meeting (3/6/13) – (1 Page)
Other Stakeholder Input & Department Response (copies of
written/electronic ) (2 Pages)
Page 2 of 2

a. and b. No Change
REGULATION 6. 7. Communicable Disease
a. to c. No Change
REGULATION 7. 8. Exemptions
Any food establishment, AS DEFINED IN CHAPTER VIII OF THIS CODE, exclusively
serving packaged or AND non- NOT potentially hazardous foods (TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD), as defined in Chapter VIII of this Code, is exempt from
Regulations 4 and 5 6 of this Chapter.
3

Initial Stakeholder Meeting
Proposed Revisions
Maricopa County Environmental Health Code
ES-2013-003
Food Service Worker
Maricopa County Environmental Services Department
March 6, 2013

Maricopa County
Environmental Services Department
Working with our community
to ensure a safe and healthy environment
VISION STATEMENT:
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.
MISSION STATEMENT:
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
ENHANCED REGULATORY OUTREACH PROGRAM
Maricopa County has five regulatory departments that seek
to ensure the safety and well-being of our community.
Because we understand that regulations and rulemaking
decisions, discussions, and meetings can be confusing, we
developed the Enhanced Regulatory Outreach Program that
allows citizens to easily monitor and engage in the adoption
and amendment of all regulations.
AIR QUALITY • ENVIRONMENTAL SERVICES • FLOOD CONTROL • PLANNING & DEVELOPMENT • TRANSPORTATION
http://www.maricopa.gov/regulations/

FOLLOW MARICOPA COUNTY’S
REGULATORY ADOPTION PROCESS
STEP-BY-STEP
Step 1 County Manager Briefed Board of Supervisors
Step 2 Conduct Stakeholder Workshop
Step 3 Stakeholder Notification 2 Weeks Prior to Citizen’s Board or Commission
Step 4 Public Meeting to Initiate Regulatory Change
Step 5 Specific Departmental Processes
Step 6 Stakeholder Notification 2 Weeks Prior to Citizen’s Board or Commission
Step 7 Public Meeting to Make Recommendation to Board of Supervisors
Step 8 Schedule BOS Public Hearing
Step 9 Board of Supervisor Public Hearing
Step 10 Item Adopted

RECEIVE UP TO DATE NOTIFICATIONS
– STAY INFORMED –
Sign up today to receive notice from the five Maricopa
County regulatory departments about calendar changes or
where items are in the process by visiting:
http://www.maricopa.gov/regulations/Notifications.aspx

ENHANCED PUBLIC PARTICIPATION
– STAY INVOLVED –
Your comments are important! Feedback is compiled and
presented to every voting body to help policymakers during
the decision process.
Submit comments for every proposed regulation going
through this program by visiting:
http://www.maricopa.gov/regulations/comments.aspx

Proposed Language
Limited Use Food Service Worker Cards
The Department may issue a limited use card when requested to reasonably accommodate a
person with a disability.
1. A person applying to obtain a limited use card shall communicate to the Department which
low public health risk activity(ies) (e.g. dishwashing, bussing tables, filling condiment
containers) he or she will be performing.
2. The Department may require the applicant to attend the food safety training associated with
the issuance of food worker cards. Onsite verification of successful execution of job duties is
required for the issuance of limited use cards.
3. The fee and length of validity of limited use cards are the same as all other food service
worker cards.
4. The employer should ensure that the individual is provided with information to safely
perform the activity(ies) listed on the card.
5. Certified Food Manager must be present when a worker with limited use food service worker
card is present in the permitted establishment.

CH 7, Reg. 7 Exemption
• To provide consistent enforcement of the
regulation, change language from packaged
“or” non-PHF to packaged “and” non-PHF.

Thank you for your participation.
We welcome your questions
and comments.
http://www.maricopa.gov/regulations/
Caroline Oppleman, M.S.P.H., R.S.
Shikha Gupta, M.Sc., M.S., R.S.
Maricopa County Environmental Services Department
1001 N. Central Ave.
Phoenix, AZ 85004

Environmental Services Department
Stakeholder Meeting
ES-2013-003 Food Service Worker Limited Use Card
Wednesday March 6, 2013 10:00 am
Stakeholders Present: Pam Richards – Phoenix Union High School District, Phyllis Kroeger –
Phoenix Union High School District.
Staff Present: Shikha Gupta – Quality & Compliance Operation Supervisor, David Morales – Quality
& Compliance Supervisor, Caroline Oppleman – Quality & Compliance Management Analyst, Lene
Pope – Quality & Compliance Development Service Technician.
Presenter(s): Caroline Oppleman, Shikha Gupta
Minutes*:
Introductions were made. The stakeholders both work with the culinary arts programs at the high
schools and mentioned that their programs have been severely impacted with some of the previous
changes made to the food service worker program.
Caroline Oppleman made a brief presentation on the EROP process. Both the stakeholders signed up
to receive alerts from the website.
Shikha Gupta presented the proposed language about “Limited Use Food Service Worker Cards”. The
idea behind this; is that there are people with special needs or special disabilities that are only able to
perform certain tasks; they can only be trained in some aspects of the regular card or in the food code.
This card will allow them to perform a task that is considered “a low public health risk” and be trained
in a very specific area. They will attend the food service worker training, but they will not be required
to take the test. The cost of the card will be the same as the regular card.
 This will make a difference for some of the students that we have in our high school system,
and we will bring this information back to the special education department, so they will
understand that this new card will open some doors for some of our students that otherwise
would not be able to work because of their disability. So this will be a good thing for us.
The other change that we are proposing is to Chapter 7, Reg. 7 Exemption of the Maricopa County
Environmental Health Code. This is to provide consistent enforcement language throughout the
regulation.
No further questions or comments were received from the stakeholders present.
Other topics not relevant to the proposed change were discussed.
Meeting adjourned.
*In order for the minutes to be relevant; only those questions and comments that were applicable to
the topic presented were recorded. All other questions and comments not relevant to the topic were
addressed either at the time of the meeting or shortly thereafter.
Working with our community to ensure a safe and healthy environment Page 1 of 1

Enhanced Regulatory Outreach Program
PUBLIC NOTICE OF PROPOSED FEES
DATE/TIME: Wednesday, September 25, 2013, 9:00 a.m.
LOCATION: Auditorium, 205 W. Jefferson St., Phoenix
The Maricopa County Board of Supervisors will conduct a public hearing on September 25, 2013 to
discuss proposed code revisions to the Maricopa County Environmental Health Code (MCEHC) and
associated new and modified fee information for the following:
Case #/Title: ES-2013-001/Experimental Food Service Permit
Overview: To align with Chairman Kunasek’s vision of “adaptive reuse”, the Department proposes
to create a new “Trial Review Establishment” food service permit that may
accommodate food service establishment design concepts not specifically allowed for
by MCEHC regulations.
The Trial Review Establishment plan review fees are the same as the Chapter I Fee
Schedule “Environmental Health Plan Review” fees for categories “All Other Food
Establishments”, “Mobile Food Establishments” and “Pushcart Plan Review” as follows:
Environmental Health Plan Review Subtype Fee
All Other Food Establishments $615.00
Mobile Food Establishments $75.00
Pushcart Plan Review $45.00
In addition, the Trial Review Establishment permit fees are half the annual “Food
Environmental Health Operating Permits” fees by class and seating capacity as listed in
the Chapter I Fee Schedule as follows:
Food Environmental Health Permit
1 Year Fee
Operating Permits Subtype
Adventure Food Service Class 4 $585.00
Bakery Class 2 $310.00
Boarding Home Class 2 $275.00
Boarding Home Class 5 $760.00
Damaged Food Class 4 $620.00
E&D 0-9 Seating Class 2 $260.00
E&D 0-9 Seating Class 3 $455.00
E&D 0-9 Seating Class 4 $695.00
E&D 0-9 Seating Class 5 $610.00
E&D Service Kitchen Class 2 $230.00
E&D 10+ Seating Class 2 $315.00

Food Environmental Health Permit
1 Year Fee
Operating Permits Subtype
E&D 10+ Seating Class 3 $650.00
E&D 10+ Seating Class 4 $1,030.00
E&D 10+ Seating Class 5 $1,020.00
Food Bank Class 2 $260.00
Food Catering Class 5 $530.00
Food Processor Class 2 $260.00
Food Processor Class 4 $590.00
Ice Manufacturing Class 2 $175.00
Meat Market Class 4 $610.00
Mobile Food Unit Class 4 $610.00
Pushcart Class 3 $240.00
Refrigerated Warehouse/Locker Class 2 $265.00
Retail Food Establishment Class 3 $505.00
Retail Food Establishment Class 2 $235.00
Case #/Title: ES-2013-002/Revisions to MCEHC – Misspellings/Spacing throughout the Code and
Reorganizing, Updating, and Definitions/Application in Chapters I, VIII and X
Overview: This code revision adds clarification to defined terms, removes unnecessary items and
edits for improved readability. No fee changes are requested. However, the Water and
Waste Management Division section of the MCEHC Chapter I Fee Schedule will be
reorganized by annual permit categories, followed by plan review categories, to reduce
redundant fee lines. In addition, fees used by multiple programs will be shown one
time. The proposed reorganization will allow customers to identify applicable fees in
the MCEHC.
Case #/Title: ES-2013-003/Food Service Worker
Overview: Revisions to MCEHC Chapter VII – This code revision establishes the opportunity for
those with a disability to obtain a Limited Use Food Service Worker Card. It also clarifies
existing exemption language and enhances consistency with Chapter VIII terminology.
No fee changes are requested. However, the fee associated with the Limited Use Food
Service Worker Card will be $5.00 for the original card and $3.00 for a duplicate card,
the same as listed in the MCEHC Chapter I Fee Schedule for the existing Food Service
Worker Card (original and duplicate versions, respectively). The Limited Use Food
Service Worker Card expires three years from the date of issue.
For more information and to follow Maricopa County’s regulatory adoption process step by step, please
visit: http://www.maricopa.gov/regulations/. Also, you may submit comments at:
http://www.maricopa.gov/regulations/comments.aspx.
Thank you for your participation.

Enhanced Regulatory Outreach Program
NOTICE OF PUBLIC HEARING
Date/Time: Wednesday, September 25, 2013 at 9:00 a.m.
Location: Auditorium, 205 W. Jefferson St., Phoenix, AZ 85003
The Maricopa County Board of Supervisors will host a Public Meeting to discuss the following proposed
code revisions to the Maricopa County Environmental Health Code (MCEHC):
Case #/Title: ES-2013-001/Experimental Food Service Permit
Overview: To align with Chairman Kunasek’s vision of “adaptive reuse”, the Department proposes
to create a new food service permit that may accommodate food service establishment
design concepts not specifically allowed for by MCEHC regulations.
Case #/Title: ES-2013-002/Revisions to MCEHC – Misspellings/Spacing throughout the Code and
Reorganizing, Updating, and Definitions/Application in Chapters I, VIII and X
Overview: This code revision adds clarification to defined terms, removes unnecessary items and
edits for improved readability. No fee changes are requested.
Case #/Title: ES-2013-003/Food Service Worker
Overview: Revisions to MCEHC Chapter VII – This code revision establishes the opportunity for
those with a disability to obtain a Limited Use Food Service Worker Card; it also clarifies
existing exemption language and enhances consistency with Chapter VIII regarding
terminology. No fee changes are requested.
Case #/Title: ES-2013-004/Revisions to MCEHC Chapter II, Sewage and Wastes – Technical Revisions
to Onsite Wastewater Rules and Clarification of Livestock Manure Storage
Requirements
Overview: This code revision provides technical clarifications for onsite wastewater systems and
exempts livestock manure from unintended, cost-prohibitive refuse storage
requirements. No fee changes are requested.
Case #/Title: ES-2013-005/Revisions to MCEHC Chapter VI, Bathing Places – Public and Semipublic
Swimming Pools – Pool Construction Requirements
Overview: This code revision clarifies certain pool construction requirements to prevent varied
interpretations. No fee changes are requested.
For more information and to follow Maricopa County’s regulatory adoption process step by step, please
visit: http://www.maricopa.gov/regulations/. Also, you may submit comments at:
http://www.maricopa.gov/regulations/comments.aspx.
Thank you for your participation.