Ala. Admin. Code r. 420-3-20-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-20-.04 - Permits

(1)General. It shall be unlawful for any person to operate a food-processing establishment unless such person possesses a valid permit issued by the Health Officer for the operation of such establishment. Only persons who comply with the provisions of these rules shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to person, food processing establishment or location. The permit shall be kept posted in a conspicuous place within the food-processing establishment, but shall remain the property of the Health Department.

(2)Issuance of permits.

(a) Any person desiring to operate a food-processing establishment shall make written application for a permit on forms provided by the Department. Such application shall include the name and address of each applicant, the location and type of the proposed food processing establishment, and the signature of each applicant. The permits shall be applied for and issued on forms prescribed by the Board. Permits shall automatically expire on the date upon which state, county and municipal annual privilege licenses expire or on a date designated by the Health Officer, and shall be renewable each year upon written application from the permit holder within 90 days prior to the stated date of expiration and upon compliance with these rules.

(b) Prior to approval of an application for a permit, the Health Officer shall inspect the proposed food processing establishment or review the most recent twelve months inspection history to determine compliance with the requirements of these rules.

(c) The Health Officer may issue a permit to the applicant if his or her inspection or review of the inspection reveals that the proposed food-processing establishment complies with the requirements of these rules.

(d) It shall be unlawful for the operator of a food-processing establishment to distribute products in commerce if the operator does not possess a valid permit.

(e) The Department is hereby authorized to function as a clearinghouse for information concerning compliance of Alabama food processing establishments which distribute products in intercounty or interstate commerce.

(f) The Health Officers of recipient counties are hereby authorized to prohibit the sale and distribution of all products from any food-processing establishment located outside their jurisdiction which does not hold a valid permit.

(3)Permit denials, suspensions, and revocations - The Health Officer's denial, suspension and/or revocation of a permit shall be governed by the Alabama Administrative Procedure Act, Code of Ala.1975, § 41-22-1, et seq., and the State Board of Health's Rules for Hearing of Contested Cases,Chapter 420-1-3, Ala. Admin. Code.

(4)Hearings - Contested case hearings shall be provided in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-1, et seq., and the State Board of Health's Rules for Hearing of Contested Cases, Chapter 420-1-3, Ala. Admin. Code. Informal settlement conferences may be conducted as provided in the State Board of Health's Rules for Hearing of Contested Cases, Chapter 420-1-3, Ala. Admin. Code.

(5)Suspension of permits - Permits may be temporarily suspended by an emergency order of the Health Officer for a permit holder's failure to comply with one or more requirements of these rules that pose an imminent hazard to the public health.

(6)Revocation of permits - The Health Officer may, after providing opportunity for hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the Health Officer in the performance of his or her duties or for failure to comply with the provisions of a notice of permit suspension issued pursuant to Rule 420-3-20-.04(5).

(7)Application after revocation - Whenever the revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit after 90 days from the date of revocation.

(8)Service of notice. A notice provided for in these rules is properly served when it is delivered to the permit holder or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of the notice shall be filed in the records of the Health Officer.

Ala. Admin. Code r. 420-3-20-.04

Filed March 23, 1984. Amended: Filed November 19, 1987. Repealed and New Rule: Filed November 19, 2010; effective December 24, 2010.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 02, November 26, 2014, eff. 12/24/2014.

Rule .14 was renumbered to .04 as per certification filed November 19, 2010; effective December 24, 2010.

Authors: Ronald Dawsey, Mitzi Waldo

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 22-20-5.