Ala. Admin. Code r. 420-3-20-.14

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

Section 420-3-20-.14 - Permits

(1) General. It shall be unlawful for any person to operate a food processing establishment in Alabama 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 by the proprietor in a conspicuous place within the food processing establishment but shall remain the property of the Health Department. The permit shall be revocable for violation of these rules.

(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 State Health Officer. 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 State Health Officer. 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 operator within ninety days prior to date of expiration and upon compliance with the laws and rules.

(b) Prior to approval of an application for a permit, the Health Officer shall inspect the proposed food processing establishment to determine compliance with the requirements of these rules.

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

(d) If products from the food processing establishments are distributed in intercounty or interstate commerce, the Health Officer shall forward copies of the application to the State Health Officer. It shall be unlawful for the operator of a food processing establishment to distribute products in intercounty or interstate commerce if the operator does not possess a valid permit.

(e) The State Health 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. Copies of inspection reports on all such establishments shall be forwarded to the State Health Department for review and shall be maintained in the Department's records.

(f) A list of all Alabama food processing establishments permitted to distribute their products in intercounty or interstate commerce shall be furnished to each County Health Department semiannually by the State Health Officer. Such lists shall contain the establishment's name, address, and permit number. At any time the permit is suspended, revoked, or is not renewed at the time of expiration, all County Health Departments shall be immediately notified and shall also be notified immediately concerning reinstatement and the issuance of new permits.

(g) 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) Suspension of Permits.

(a) Permits may be suspended temporarily by the Health Officer for failure of the permit holder to comply with the requirements of these rules. When a permit holder fails to comply with any notice issued under the provisions of Rule 420-3-20-.14(5), the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing shall be provided if a written request for a hearing is filed with the Health Officer within seven days. If no written request for a hearing is filed within seven days, the suspension is sustained. The Health Officer shall end the suspension at any time if reasons for suspension no longer exist.

(b) Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Following receipt of a written request, including a statement signed by the applicant that, in his opinion, the conditions causing suspension of the permit have been corrected, the Health Officer shall make a reinspection. If the applicant is complying with the requirements of these rules, the permit shall be reinstated. Notwithstanding the other provisions of these rules, whenever the Health Officer finds insanitary or other conditions in the operation of a food processing establishment which, in his judgement, constitutes a substantial hazard to the public health, he may, without warning, issue a written notice to the permit holder or operator citing such conditions, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all food processing operations shall be immediately discontinued. Any person to whom such order is issued shall comply immediately therewith.

(4) Revocation of Permits.

(a) 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 duty.

(b) Prior to revocation, the Health Officer shall notify, in writing, the holder of the permit or the person in charge, the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the seven days following service of such notice unless a written request for hearing is filed with the Health Officer by the holder of the permit within such seven day period. If no request for hearing is filed within the seven day period, the revocation of the permit becomes final.

(5) Service of Notice. A notice provided for in these rules is properly served when it is delivered to the holder of the permit 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 holder of the permit. A copy of the notice shall be filed in the records of the Health Officer.

(6) Hearings. Hearings shall be provided in accordance with the rules of the Board.

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

J. A. Brewer

Ala. Admin. Code r. 420-3-20-.14

Filed March 23, 1984. Amended: Filed November 19, 1987.

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