Extracted text (via pymupdf)
38497 characters
Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Environmental Services Department Board of Health (BOH) Meeting Date: August 9, 2021 Board of Supervisors Hearing Date: October 6, 2021 Case #/Title: ES-2021-002/MCEHC Chapters I, VIII, X and XIII Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve proposed revisions to Maricopa County Environmental Health Code (MCEHC) – Chapters I, VIII, X and XIII. Support/Opposition: The Department has not received comments in favor or against this Enhanced Regulatory Outreach Program (EROP) case. Five stakeholders attended the public meeting on May 7, 2021. However, no opinions on the case were voiced at the meeting. Department Recommendation: Staff recommends the Board of Supervisors (BOS) approve the proposed MCEHC. BOH Recommendation: Approve per Department recommended MCEHC language and proceed on the EROP expedited process. Executive Summary: Proposed MCEHC revisions include: clarification that an approved inspection to operate and payment is required before a permit is considered valid, removing hearings before the Environmental Health Officer (where not required by statute or another regulation) and adding a third party hearing officer, updating references for plumbing codes and statutes, deleting a mechanical code reference that has been repealed, updating frozen dessert pasteurization requirements, and allowing for the operation of a shared facility without the need for a second permit. In addition, the proposal includes requirements for the manufacture of frozen desserts in retail Page 2 of 2 food establishments and an option for school and public accommodation new owner transition. This proposal is following Maricopa County’s EROP policy. In addition, this proposal does not contain fee revisions. In accordance with the Maricopa County Resolution, “Moratorium on Increased Regulatory Burdens,” the County Manager authorized the Department to proceed with this case in early April 2021. Also, the County Manager briefed the Board of Supervisors in April 2021. The Department conducted a stakeholder workshop on May 7, 2021. Then on August 9, 2021, the Department presented a Staff Report for this case to the Board of Health (BOH) at which time the BOH approved this case to proceed on the EROP expedited process for the BOS to adopt the proposal. Presented by: Darcy Kober, R.S. Director Attachments: Report to the BOH (2 Pages) County Manager Memo (1 Page) Proposed MCEHC Revisions (12 Pages) Presentation – Stakeholder Meeting (5/7/21) (4 Pages) Stakeholder Meeting Minutes (5/7/21) (1 Page) Report to the Board of Health To Approve for Expedited Process Prepared by the Maricopa County Environmental Services Department Case #/Title: ES-2021-002/MCEHC Chapters I, VIII, X and XIII Meeting Date: August 9, 2021 Supervisor Districts: All Districts Applicant: Maricopa County Environmental Services Department (Department) Request: Approve the proposed Maricopa County Environmental Health Code (MCEHC) revision for the Enhanced Regulatory Outreach Program (EROP) Expedited Process. Support/Opposition: The Department held a virtual stakeholder public meeting on May 7, 2021. Six stakeholders attended the meeting; however, an opinion on the case was not voiced. Department Staff recommends the Board of Health approves this MCEHC Recommendation: revision proposal for the EROP Expedited Process. Discussion: This proposal updates MCEHC chapters I, VIII, X and XIII. Proposed revisions include: clarification that an approved inspection to operate and payment of fees is required before a permit is considered valid, removing hearings before the Environmental Health Officer (where not required by statute or another regulation) and adding a third party hearing officer, updating references for plumbing codes and statutes, deleting a mechanical code reference that has been repealed, updating frozen dessert pasteurization requirements, and allowing for the operation of a shared facility without the need for a second permit. In addition, the proposal includes requirements for the manufacture of frozen desserts in retail food establishments and an option for school and public accommodation new owner transitions. This MCEHC proposal is following the EROP policy and workflow 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 April 2021. Also, the Board of Supervisors were briefed in April 2021. Attachments: County Manager Case Approval (1 Page) Proposed MCEHC Revisions (12 Pages) Presentation – Stakeholder Meeting (05/7/21) (4 Pages) Stakeholder Meeting Minutes (1 Page) 1-1 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER I GENERAL PROVISIONS REGULATION 1. to REGULATION 3. No Change REGULATION 4. Permits, Service and Other Requirements a. to c. No change d. Any person denied a permit based on Regulation 4.c.(2) of this Chapter may exercise the following options: (1) Request, in writing, that the Environmental Health Officer specify conditions necessary to provide reasonable assurance that full compliance with provisions of this Environmental Health Code will be achieved. The Environmental Health Officer within five (5) working days of the request shall specify said conditions; or (2) Request in writing a hearing before the Environmental Health Officer as specified in Chapter I, Regulation 6. e. to j. No Change REGULATION 5. Fees a. No permit shall be issued, and no permit is valid, until the ALL ASSOCIATED permit feeS is ARE received by the Department, AND AN INSPECTION HAS BEEN CONDUCTED AND/OR THE APPROVAL TO OPERATE HAS BEEN GRANTED, except that the operator of a charitable nonprofit establishment (which operates to provide relief predominantly for the poor, distressed or under-privileged) may apply to the Board of Health for a waiver of permit fee. A waiver of fee may be granted only to the operator of an establishment, which maintains a current 501(c)(3) tax exempt designation from the Department of the Treasury, Internal Revenue Service, who demonstrates to the Board of Health that payment of said fee will cause financial hardship. Board of Health granted fee waivers expire pursuant to the required permit listing in section d. of this regulation. Application for a permit fee waiver shall be made using forms provided by the Department. (1) to (3) No Change 1-2 b. to d. No Change REGULATION 6. Rejection of Application – Right to a Hearing A person who has been denied a permit may within 15 days of notification thereof request a hearing. before the Environmental Health Officer to show cause for why a permit should be issued. THE HEARING SHALL BE HELD BY THE ENVIRONMENTAL HEALTH OFFICER OR AN INDEPENDENT HEARING OFFICER APPOINTED BY THE DEPARTMENT TO SHOW CAUSE WHY A PERMIT SHOULD BE ISSUED. REGULATION 7. To REGULATION 14. No Change 8-1 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 1 GENERAL PROVISIONS REGULATION 1. Definitions (1) to (50) No Change (51) “Pasteurization (Frozen Desserts)” means the process of heating every particle of mix to at least 155ºF. and holding at such temperature for at least 30 minutes, or to at least 175ºF. and holding at such temperature continuously for at least 25 seconds, in approved and properly operated equipment; provided, that nothing contained in this definition shall be construed to prevent the use of another process which has been demonstrated to be equally efficient and is approved by the Department (52) to (70) No Change (71) “Shared Facility” means any food establishment that shares food preparation, food storage and/or warewashing facilities with three (3) or more permitees under different ownership. (a) The responsible party must obtain a commissary permit at the specified location before subsequent permits will be issued by the Department. (b) If the commissary permit is vacated, all food establishments using the commissary as a base of operation will subsequently be vacated. ADDITIONAL REQUIREMENTS FOR SHARED FACILITIES A. THE SHARED FACILITY OWNER MUST PROVIDE EACH PERMITTEE WITH A DESIGNATED AND LABELED SPACE FOR THE STORAGE OF SUPPLIES AND DRY GOODS. ALL TIME/TEMPERATURE CONTROL FOR SAFETY FOODS STORED MUST ALSO HAVE A DESIGNATED AND LABELED LOCATION IN THE REFRIGERATION UNIT. THE SHARED FACILITY OWNER MUST BE ABLE TO PROVIDE ACCESS TO ALL AREAS UPON REQUEST BY THE DEPARTMENT. 8-2 (72) to (77) No Change 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: (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) § 36.136(I)(4). b. The permit to operate shall be posted in a conspicuous place on the premises of the food establishment. REGULATION 4. to REGULATION 7. No Change REGULATION 8. General Sanitation The following shall be complied with in all food establishments: a. to e. No Change f. Plumbing (1) All plumbing shall be sound, tight, durable, and properly located, installed and maintained in good order and repair, and shall not constitute a source of contamination to food, equipment or utensils, or create an insanitary condition or nuisance. No plumbing fixture, pipe or device which provides, or which may provide a connection between a potable water supply and a drainage, soil, waste or other sewer pipe so as to make possible the backflow of sewage or wastewater into the water supply system shall be installed or permitted to remain installed. All plumbing shall be installed in accordance with this code. and in accordance with Arizona Administrative Code, R4-48-102 (2) No Change (3) No Change 8-3 (4) Conformance with the following requirements or similar requirements shall be adhered to for the determination of Maricopa County Environmental Health Code compliance with plumbing and mechanical codes. The 2009 International Plumbing Code and 2009 International Mechanical Code, as adopted by the Maricopa County Board Of Supervisors on August 18, 2010 and as amended by Section 301 of Chapter 3 of the Maricopa County Planning & Development Department’s Local Additions & Addenda dated October 2010, shall be adhered to for code compliance. This material is on file with the Maricopa County Planning & Development Department and is available at its web site at http://www.maricopa.gov/planning/resurces/constructioncodes/default.aspx THE CURRENT PLUMBING CODE, AS ADOPTED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS AND AS AMENDED BY SECTION 301 OF CHAPTER 3 OF THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT’S LOCAL ADDITIONS & ADDENDA, SHALL BE ADHERED TO FOR CODE COMPLIANCE. THIS MATERIAL IS ON FILE WITH THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT AND IS AVAILABLE AT https://www.maricopa.gov/2271/Ordinances-Regulations-and-Codes. g. to i. No Change REGULATION 9. to REGULATION 11. No Change 8-4 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 2 FOOD ESTABLISHMENTS REGULATION 1. to REGULATION 4. No Change REGULATION 5. Gloves, Use Limitation If used, single-use gloves shall be used for only one task, such as working with ready-to- eat food or with raw animal food. Single-use gloves shall be used for no other purpose, and shall be discarded when damaged or soiled or when interruptions occur in the operation. a. Slash-resistant gloves that are used to protect the hands during operations requiring cutting shall not be used in direct contact with food, unless that food is subsequently cooked as specified under Part 3-4 of the U.S. Food and Drug Administration 2013 Food Code, such as frozen food or a primal cut of meat. b. No Change. c. Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as specified under Part 3-4 of the U.S. Food and Drug Administration 2013 Food Code, such as frozen food or a primal cut of meat. d. Latex gloves may not be used in direct contact with food. REGULATION 6. to REGULATION 8 No Change 8-5 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER VIII FOOD, FOOD PRODUCTS, FOOD HANDLING ESTABLISHMENTS SECTION 6 FOOD RELATED FACILITIES In addition to complying with the regulations in Section 1 and 2 of this Chapter, beverage plants, damaged and salvaged food establishments, bakeries, ice manufacturing plants, refrigerated warehouses, and food catering establishments shall comply with the following regulations. REGULATION 1. to REGULATION 5. No Change REGULATION 6. Frozen Desserts a. Finished products - after pasteurization, frozen desserts or frozen dessert mix shall not contain in excess of 20 coliform per gram and/or in excess of 50,000 plate count of bacteria per gram at any time. b. Method of determination - bacteria and other counts referred to herein shall be based on recognized standard methods of analysis as prescribed in the latest edition of standard methods for the Examination of Dairy Products of the American Public Health Association, Inc. c. The Department shall suspend the conversion of pasteurized mix into frozen dessert whenever the bacteria counts and/or coliform determinations exceed the quality standards for frozen desserts in three out of the last five samples taken on separate days. A. A VARIANCE IS REQUIRED FOR A FOOD ESTABLISHMENT THAT PREPARES A FROZEN DAIRY DESSERT MIX/BASE FOR IMMEDIATE CONSUMPTION USING AN ALTERNATIVE PASTEURIZATION PROCESS. B. NO WHOLESALE, OFFSITE SALES OR SALES FROM A SELF- SERVICE RETAIL CASE OF FROZEN DAIRY DESSERTS ARE ALLOWED UNLESS A LICENSE IS OBTAINED IN ACCORDANCE WITH A.R.S. § 3-607. 8-6 REGULATION 7 to REGULATION 9 No Change 10-1 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER X RESIDENCE ACCOMMODATIONS SECTION 1 GENERAL PROVISIONS REGULATION 1. to REGULATION 6. No Change REGULATION 7. NEW OWNER TRANSITION THE DEPARTMENT MAY GRANT THE NEW OWNER OF A RESIDENCE ACCOMMODATION APPROVAL TO OPERATE A PERMIT PROVIDED 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 MUST NOT EXCEED 30 DAYS. C. THE PREVIOUS OWNER OF THE ESTABLISHMENT MUST HAVE A VALID ISSUED PERMIT AT TIME OF THE OWNERSHIP CHANGE. D. THE FACILITY IS NOT UNDERGOING A MAJOR ALTERATION OR ADDITION. FACILITIES UNDERGOING A MAJOR ALTERATION OR ADDITION ARE NOT APPROVED FOR A NEW OWNER TRANSITION AND MUST SUBMIT PLANS TO THE DEPARTMENT FOR REVIEW. THE NEW OWNER MUST NOT COMPLETE ANY MAJOR ALTERATION OR ADDITION TO THE PHYSICAL FACILITY WHICH HAS NOT BEEN APPROVED BY THE DEPARTMENT. E. THE NEW OWNER AGREES 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. 10-2 2. EVIDENCE OF LIVE INSECT AND/OR VERMIN ACTIVITY. 3. MISSING OR INOPERABLE PLUMBING FIXTURES ESSENTIAL TO FACILITY OPERATIONS. 4. INADEQUATE SUPPLY OF HOT AND COLD WATER. REGULATION 8. ADOPTION OF INTERNATIONAL CODES CONFORMANCE WITH THE FOLLOWING REQUIREMENTS OR SIMILAR REQUIREMENTS MUST BE ADHERED TO FOR THE DETERMINATION OF MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE COMPLIANCE WITH PLUMBING AND MECHANICAL CODES. THE CURRENT PLUMBING CODE, AS ADOPTED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS AND AS AMENDED BY SECTION 301 OF CHAPTER 3 OF THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT’S LOCAL ADDITIONS & ADDENDA, SHALL BE ADHERED TO FOR CODE COMPLIANCE. THIS MATERIAL IS ON FILE WITH THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT AND IS AVAILABLE AT https://www.maricopa.gov/2271/Ordinances-Regulations-and-Codes 13-1 MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE CHAPTER XIII SCHOOLS SECTION 1 REGULATION 1. to REGULATION 3. No Change REGULATION 4. NEW OWNER TRANSITION THE DEPARTMENT MAY GRANT THE NEW OWNER OF A SCHOOL APPROVAL TO OPERATE A PERMIT PROVIDED 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 MUST NOT EXCEED 30 DAYS. C. THE PREVIOUS OWNER OF THE ESTABLISHMENT MUST HAVE A VALID ISSUED PERMIT AT TIME OF THE OWNERSHIP CHANGE. D. THE FACILITY IS NOT UNDERGOING A MAJOR ALTERATION OR ADDITION. FACILITIES UNDERGOING A MAJOR ALTERATION OR ADDITION ARE NOT APPROVED FOR A NEW OWNER TRANSITION AND MUST SUBMIT PLANS TO THE DEPARTMENT FOR REVIEW. THE NEW OWNER MUST NOT COMPLETE ANY MAJOR ALTERATION OR ADDITION TO THE PHYSICAL FACILITY WHICH HAS NOT BEEN APPROVED BY THE DEPARTMENT. E. THE NEW OWNER AGREES 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. 13-2 2. EVIDENCE OF LIVE INSECT AND/OR VERMIN ACTIVITY. 3. MISSING OR INOPERABLE PLUMBING FIXTURES ESSENTIAL TO FACILITY OPERATIONS. 4. INADEQUATE SUPPLY OF HOT AND COLD WATER. REGULATION 5. ADOPTION OF INTERNATIONAL CODES CONFORMANCE WITH THE FOLLOWING REQUIREMENTS OR SIMILAR REQUIREMENTS MUST BE ADHERED TO FOR THE DETERMINATION OF MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE COMPLIANCE WITH PLUMBING AND MECHANICAL CODES. THE CURRENT PLUMBING CODE, AS ADOPTED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS AND AS AMENDED BY SECTION 301 OF CHAPTER 3 OF THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT’S LOCAL ADDITIONS & ADDENDA, SHALL BE ADHERED TO FOR CODE COMPLIANCE. THIS MATERIAL IS ON FILE WITH THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT AND IS AVAILABLE AT https://www.maricopa.gov/2271/Ordinances-Regulations-and- Codes 5/7/2021 1 Stakeholder Meeting Maricopa County Environmental Services Department May 7, 2021 Proposed Revisions Maricopa County Environmental Health Code CASE # ES-2021-002 MCEHC Chapters I, VIII, X and XIII 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. EROP What is it? Where do I find it? How does it impact me? EROP: What is it? • Enhanced Regulatory Outreach Program • Adopted by BOS in January 2013 • County Policy: Outreach # A1518 • Comprehensive process allows SH input – Adoption & amendment of all regulatory requirements • 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/ * 0 0 . Submit a Comment Submit a Complaint ENHANCED REGULATORY OUTREACH PROGRAM (EROP) The Maricopa County Board of Supervisors adopted a County-wide Enhanced Regulatory Outreach Program policy Opens a New Window. in an effort to promote consistency and transparency among regulatory departments during the rule-making process allowing for multiple opportunities for stakeholder input regarding the amendment and adoption of all regulatory requirements. DEPARTMENTS 1 2 3 4 5 6 5/7/2021 2 Active Regulatory Process Adopted Regulations Substantive Policy Statements Board Members Archive Environmental Services Maricopa County Environmental Services is governed by the Maricopa County Board of Supervisors and has authority under Titles 11, 36, and 49 or the Arizona Revised Statutes. The Board of Health acts as the citizens’ board that reviews Environmental Services regulatory amendments. Environmental Services is responsible for drafting and amending the Maricopa County Environmental Health Code. The provisions of this Code are applicable to the unincorporated and incorporated areas lying within the boundaries of Maricopa County and the incorporated cities and towns whose governing bodies specifically request the services of Maricopa County Environmental Services. Department-Specific Rulemaking Process Flowcharts Sign up to receive email updates Active Regulatory Process EROP Active Regulatory Process 1 Item Number Item Description Meeting Date Meeting Location Related Documents Public Comments ES-2021-001 2017 FDA Food Code Incorporation by Reference 5/7/2021 Go-To-Meeting Online https://global.gotomeeting.com/join/3 07585589 Current Previous Submit a Comment ES-2021-002 MCEHC Chapters I, VIII, X and XIII 5/7/2021 Go-To-Meeting Online https://global.gotomeeting.com/join/3 07585589 Current Previous Submit a Comment • County Manager Briefs Board of Supervisors • Stakeholder Workshop • First Board of Health Meeting • Additional Stakeholder Workshop(s) (Optional) • Second Board of Health Meeting • Public Hearing with Board of Supervisors • Recently Adopted Citizen Comments https://www.maricopa.gov/FormCenter/Regulatory-Outreach-17/Citizen-CommentsComplaints-94 MCEHC Chapter 1 General Provisions Regulation 4. Permits, Services and Other Requirements d. Any person denied a permit based on Regulation 4.c.(2) of this Chapter may exercise the following options: (1) Request, in writing, that the Environmental Health Officer specify conditions necessary to provide reasonable assurance that full compliance with provisions of this Environmental Health Code will be achieved. The Environmental Health Officer within five (5) working days of the request shall specify said conditions; or (2)Request in writing a hearing before the Environmental Health Officer as specified in Chapter I, Regulation 6. MCEHC Chapter 1 General Provisions Regulation 5. Fees- Clarification on Permit Approval No permit shall be issued, and no permit is valid, until the ALL ASSOCIATED permit feeS is ARE received by the Department, AND AN INSPECTION HAS BEEN CONDUCTED AND/OR THE APPROVAL TO OPERATE HAS BEEN GRANTED, except that the operator of a charitable nonprofit establishment (which operates to provide relief Predominantly for the poor, distressed or under-privileged) may apply to the Board of Health for a waiver of permit fee. A waiver of fee may be granted only to the operator of an establishment, which maintains a current 501(c)(3) tax exempt designation from the Department of the Treasury, Internal Revenue Service, who demonstrates to the Board of Health that payment of said fee will cause financial hardship. Board of Health granted fee waivers expire pursuant to the required permit listing in section d. of this regulation. Application for a permit fee waiver shall be made using forms provided by the Department. MCEHC Chapter 1 General Provisions Regulation 6. Rejection of Application – Right to a Hearing A person who has been denied a permit may within 15 days of notification thereof request a hearing. before the Environmental Health Officer to show cause for why a permit should be issued. THE HEARING SHALL BE HELD BY THE ENVIRONMENTAL HEALTH OFFICER OR AN INDEPENDENT HEARING OFFICER APPOINTED BY THE DEPARTMENT TO SHOW CAUSE FOR WHY A PERMIT SHOULDBE ISSUED. 7 8 9 10 11 12 5/7/2021 3 MCEHC Chapters 1, 7, 8, 10, 13 • References to the 2013 FDA Food Code were updated to reflect the 2017 FDA Food Code. Chapter 8 Food, Food Products, Food handling Establishments Section 1 General Provisions Regulation 1. Definitions (51) “Pasteurization (Frozen Desserts)” means the process of heating every particle of mix to at least 155°F. and holding at such temperature for at least 30 minutes, or to at least 175ºF. and holding at such temperature continuously for at least 25 seconds, in approved and properly operated equipment; provided, that nothing contained in this definition shall be construed to prevent the use of another process which has been demonstrated to be equally efficient and is approved by the Department Chapter 8 Food, Food Products, Food handling Establishments “Shared Facility” means any food establishment that shares food preparation, food storage and/or warewashingfacilities with three (3) or more permitees under different ownership. (a) The responsible party must obtain a commissary permit at the specified location before subsequent permits will be issued by the Department. (b) If the commissary permit is vacated, all food establishments using the commissary as a base of operation will subsequently be vacated. ADDITIONAL REQUIREMENTS FOR SHARED FACILITIES A. THE SHARED FACILITY OWNER MUST PROVIDE EACH PERMITTEE WITH A DESIGNATED AND LABELED SPACE FOR THE STORAGE OF SUPPLIES AND DRY GOODS. ALL TIME/TEMPERATURE CONTROL FOR SAFETY FOODS STORED MUST ALSO HAVE A DESIGNATED AND LABELED LOCATION IN THE REFRIGERATION UNIT. THE SHARED FACILITY OWNER MUST BE ABLE TO PROVIDE ACCESS TO ALL AREAS UPON REQUEST BY THE DEPARTMENT. Section 1 General Provisions Regulation 1. Definitions Chapter 8 Food, Food Products, Food handling Establishments a. No person shall operate a food establishment without a valid permit to operate from the Department unless: (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) § 36.136(I)(4). b. The permit to operate shall be posted in a conspicuous place on the premises of the food establishment. Section 1 - General Provisions Regulation 3 - Permit Required Chapter 8 Food, Food Products, Food handling Establishments f. Plumbing (1) All plumbing shall be sound, tight, durable, and properly located, installed and maintained in good order and repair, and shall not constitute a source of contamination to food, equipment or utensils, or create an insanitary condition or nuisance. No plumbing fixture, pipe or device which provides, or which may provide a connection between a potable water supply and a drainage, soil, waste or other sewer pipeௗso as toௗmake possible the backflowௗof sewage or wastewater into the water supply system shall be installed or permitted to remain installed. All plumbing shall be installed inௗaccordance with this codeௗand in accordance withௗArizona Administrative Code, R4-48-102 Section 1 - General Provisions Regulation 8 – General Sanitation Chapter 8 Food, Food Products, Food handling Establishments (4) Conformance with the following requirements or similar requirements shall be adhered to for the determination of Maricopa County Environmental Health Code compliance with plumbing and mechanical codes. The 2009 International Plumbing Code and 2009 International Mechanical Code, as adopted by the Maricopa County Board Of Supervisors on August 18, 2010 and as amended by Section 301 of Chapter 3 of the Maricopa County Planning & Development Department’s Local Additions & Addenda dated October 2010, shall be adhered to for code compliance. This material is on file with the Maricopa County Planning & Development Department and is available at its web site at http://www.maricopa.gov/planning/resurces/constructioncodes/default.asp THE CURRENT PLUMBING CODE, AS ADOPTED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS AND AS AMENDED BY SECTION 301 OF CHAPTER 3 OF THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT’S LOCAL ADDITIONS & ADDENDA, SHALL BE ADHERED TO FOR CODE COMPLIANCE. THIS MATERIAL IS ON FILE WITH THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT AND IS AVAILABLE AT ITS WEB SITE AT https://www.maricopa.gov/2271/Ordinances-Regulations-and-Codes. f. Plumbing (continued) 13 14 15 16 17 18 5/7/2021 4 Chapter 8 Food, Food Products, Food handling Establishments REGULATION 5. Gloves, Use Limitation If used, single-use gloves shall be used for only one task, such as working with ready-to-eat food or with raw animal food. Single-use gloves shall be used for no other purpose, and shall be discarded when damaged or soiled or when interruptions occur in the operation. a. Slash-resistant gloves that are used to protect the hands during operations requiring cutting shall not be used in direct contact with food, unless that food is subsequently cooked as specified under Part 3-4 of the U.S. Food and Drug Administration 2013 Food Code, such as frozen food or a primal cut of meat. b. No Change. c. Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as specified under Part 3-4 of the U.S. Food and Drug Administration 2013 Food Code, such as frozen food or a primal cut of meat. d. Latex gloves may not be used in direct contact with food. Section 2 Food Establishments Chapter 8 Food, Food Products, Food handling Establishments REGULATION 6. Frozen Desserts a. Finished products - after pasteurization, frozen desserts or frozen dessert mix shall not contain in excess of 20 coliform per gram and/or in excess of 50,000 plate count of bacteria per gram at any time. b. Method of determination - bacteria and other counts referred to herein shall be based on recognized standard methods of analysis as prescribed in the latest edition of standard methods for the Examination of Dairy Products of the American Public Health Association, Inc. c. The Department shall suspend the conversion of pasteurized mix into frozen dessert whenever the bacteria counts and/or coliform determinations exceed the quality standards for frozen desserts in three out of the last five samples taken on separate days. A. A VARIANCE IS REQUIRED FOR A FOOD ESTABLISHMENT THAT PREPARES A FROZEN DAIRY DESSERT MIX/BASE FOR IMMEDIATE CONSUMPTION USING AN ALTERNATIVE PASTEURIZATIONPROCESS. B. NO WHOLESALE, OFFSITE SALES OR SALES FROM A SELF-SERVICE RETAIL CASE OF FROZEN DAIRY DESSERTS ARE ALLOWED UNLESS A LICENSE IS OBTAINED IN ACCORDANCE WITH A.R.S. § 3-607. Section 6 Food Related Facilities Chapter 10 Residents Accommodations REGULATION 7. NEW OWNER TRANSITION THE DEPARTMENT MAY GRANT THE NEW OWNER OF A RESIDENCE ACCOMMODATION APPROVAL TO OPERATE WITHOUT A PERMIT PROVIDED 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 MUST NOT EXCEED 30 DAYS. C. THE PREVIOUS OWNER OF THE ESTABLISHMENT MUST HAVE A VALID ISSUED PERMIT AT TIME OF THE OWNERSHIP CHANGE. D. THE FACILITY IS NOT UNDERGOING A MAJOR ALTERATION OR ADDITION. FACILITIES UNDERGOING A MAJOR ALTERATION OR ADDITION ARE NOT APPROVED FOR A NEW OWNER TRANSITION AND MUST SUBMIT PLANS TO THE DEPARTMENT FOR REVIEW. THE NEW OWNER MUST NOT COMPLETE ANY MAJOR ALTERATION OR ADDITION TO THE PHYSICAL FACILITY WHICH HAS NOT BEEN APPROVED BY THE DEPARTMENT. E. THE NEW OWNER AGREES 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. 2. EVIDENCE OF LIVE INSECT AND/OR VERMIN ACTIVITY. 3. MISSING OR INOPERABLE PLUMBING FIXTURES ESSENTIAL TO FACILITY OPERATIONS. 4. INADEQUATE SUPPLY OF HOT AND COLD WATER. Section 1 General Provisions Chapter 10 Residents Accommodations REGULATION 8. ADOPTION OF INTERNATIONAL CODES CONFORMANCE WITH THE FOLLOWING REQUIREMENTS OR SIMILAR REQUIREMENTSௗMUSTௗBE ADHERED TO FOR THE DETERMINATION OF MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE COMPLIANCE WITH PLUMBING AND MECHANICAL CODES.ௗTHE CURRENT PLUMBING CODE, AS ADOPTED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS AND AS AMENDED BY SECTION 301 OF CHAPTER 3 OF THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT’S LOCAL ADDITIONS & ADDENDA, SHALL BE ADHERED TO FOR CODE COMPLIANCE. THIS MATERIAL IS ON FILE WITH THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT AND IS AVAILABLE AT ITS WEB SITE AT ௗhttps://www.maricopa.gov/2271/Ordinances-Regulations-and-Codes Section 1 General Provisions Chapter 13 Schools REGULATION 4. NEW OWNER TRANSITION THE DEPARTMENT MAY GRANT THE NEW OWNER OF A SCHOOL APPROVAL TO OPERATE WITHOUT A PERMIT PROVIDED 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 MUST NOT EXCEED 30 DAYS. C. THE PREVIOUS OWNER OF THE ESTABLISHMENT MUST HAVE A VALID ISSUED PERMIT AT TIME OF THE OWNERSHIP CHANGE. D. THE FACILITY IS NOT UNDERGOING A MAJOR ALTERATION OR ADDITION. FACILITIES UNDERGOING A MAJOR ALTERATION OR ADDITION ARE NOT APPROVED FOR A NEW OWNER TRANSITION AND MUST SUBMIT PLANS TO THE DEPARTMENT FOR REVIEW. THE NEW OWNER MUST NOT COMPLETE ANY MAJOR ALTERATION OR ADDITION TO THE PHYSICAL FACILITY WHICH HAS NOT BEEN APPROVED BY THE DEPARTMENT. THE NEW OWNER AGREES 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. 2. EVIDENCE OF LIVE INSECT AND/OR VERMIN ACTIVITY. 3. MISSING OR INOPERABLE PLUMBING FIXTURES ESSENTIAL TO FACILITY OPERATIONS. 4. INADEQUATE SUPPLY OF HOT AND COLD WATER. Section 1 General Provisions Chapter 13 Schools REGULATION 5. ADOPTION OF INTERNATIONAL CODES CONFORMANCE WITH THE FOLLOWING REQUIREMENTS OR SIMILAR REQUIREMENTSௗMUSTௗBE ADHERED TO FOR THE DETERMINATION OF MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE COMPLIANCE WITH PLUMBING AND MECHANICAL CODES.ௗTHE CURRENT PLUMBING CODE, AS ADOPTED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS AND AS AMENDED BY SECTION 301 OF CHAPTER 3 OF THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT’S LOCAL ADDITIONS & ADDENDA, SHALL BE ADHERED TO FOR CODE COMPLIANCE. THIS MATERIAL IS ON FILE WITH THE MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT AND IS AVAILABLE AT ITS WEB SITE AT ௗhttps://www.maricopa.gov/2271/Ordinances-Regulations-and-Codes Section 1 General Provisions 19 20 21 22 23 24 5/7/2021 5 Thank you for your participation! We welcome your questions and comments. http://www.maricopa.gov/regulations/ Ken Conklin, M.P.A., R.S. Bryan Hare, M.M., R.S. Maricopa County Environmental Services Department 3800 N. Central Ave. Phoenix, AZ 85224 25 Environmental Services Department Working with our community to ensure a safe and healthy environment Page 1 of 1 Stakeholder Workshop ES-2021-002/MCEHC Chapters I, VIII, X and XIII Date: Friday, May 7, 2021 Stakeholder Present: Nela Romo - El Pollo Safety Quality Director, Darren VandeVoorde - Bashas, Food City and AJ’s Food Safety, Crissy Zarate - Bashas, Food City and AJ’s Food Safety, Kwasi Wilson - National Restaurant Association Program Compliance Program, Karen Ibarra - Office of Environmental Programs City of Phoenix, Laura Eichenmuller - In and Out Burger Staff Present: Darcy Kober - Director, Blanca Caballero - Deputy Director, Bryan Hare - Division Manager, Ken Conklin - Division Manager, Robert Stratman - Managing Supervisor, Amanda Bond - Enforcement Supervisor, Joan Minichiello - Management Analyst, Clay Callaway - Environmental Specialist Senior, Gema Piatkowski - Environmental Health Specialist Presenters: Bryan Hare and Ken Conklin Minutes: The stakeholder workshop occurred using GoToMeeting software. Bryan Hare proctored the meeting and presented the ES-2021-002/MCEHC Chapters I, VIII, X and XIII (EROP) Enhanced Regulatory Outreach Program case. Ken Conklin covered the EROP process and how stakeholders can stay informed on this and other upcoming cases. Bryan Hare presented slides that showed proposed language. Slides included text regarding fees being paid, inspections conducted and approvals received prior to operation; removing hearings before the Environmental Health Officer (where not required by statute or another regulation) and adding a third party hearing officer; reference updates for plumbing codes and statutes; deleting a repealed mechanical code reference; updating frozen dessert pasteurization requirements; removing text pertaining to gloves that is duplicated in the 2017 FDA Food Code, and allowing for the operation of a shared facility without the need for a second permit. In addition, Bryan Hare presented slides on the update for frozen dessert manufacturing at retail food establishments, and an option for school and public accommodation new owner transitions. Questions: No questions or comments were received for this case. Also, attendees did not state if they were in favor or opposed to this EROP case. Meeting adjourned.