Rule 40-7-1-.40 - Compliance & Enforcement: License to Operate(1)Prerequisite for Operation. (a) A PERSON may not operate a FOOD ESTABLISHMENT without a valid LICENSE to operate issued by the DEPARTMENT.Pf(b) The LICENSE fee structure is as follows: 4. Tier 4 fee is $250; and(c) There is no proration of the LICENSE fee.(d) FOOD ESTABLISHMENTS will be assigned a LICENSE tier based on their level of risk, procedural effort, and inspection time needed for the FOOD ESTABLISHMENT.(e) LICENSES must be renewed annually on July 1. LICENSE fees will be increased by 50% for LICENSE HOLDERS that fail to renew their LICENSES by September 1. (2)Submission 30 Calendar Days Before Proposed Opening. An applicant shall submit an application for a LICENSE at least thirty (30) calendar days before the date planned for opening a FOOD ESTABLISHMENT.(3)Form of Submission. A PERSON desiring to operate a FOOD ESTABLISHMENT shall submit to the DEPARTMENT an application for a LICENSE on a form provided by the DEPARTMENT.(4)Qualifications and Responsibilities of Applicants. To qualify for a LICENSE, an applicant shall: (a) Be an owner of the FOOD ESTABLISHMENT or an officer of the legal ownership;(b) Comply with the requirements of these Regulations;(c) As specified under 40-7-1-.41(3), agree to allow access to the FOOD ESTABLISHMENT and to provide required information; and(d) Pay the applicable LICENSE fees at the time the application is submitted.(5)Contents of the Application. The application shall include: (a) The name, mailing address, telephone number, and signature of the PERSON applying for the LICENSE and the name, mailing address, and location of the FOOD ESTABLISHMENT;(b) Information specifying whether the FOOD ESTABLISHMENT is owned by an association, corporation, individual, partnership, or other legal entity;(c) A statement specifying whether the FOOD ESTABLISHMENT: 1. Is mobile or stationary, and2. Is an operation that includes one or more of the following:(i) Prepares, offers for sale, or serves TIME/TEMPERATURE CONTROL FOR SAFETY FOOD: (I) Only to order upon a CONSUMER'S request,(II) In advance in quantities based on projected CONSUMER demand and discards FOOD that is not sold or served at an APPROVED frequency, or(III) Using time as the public health control as specified under 40-7-1-.12(9), (ii) Prepares TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in advance using a FOOD preparation method that involves two or more steps which may include combining TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing,(iii) Prepares only FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, or(iv) Does not prepare but offers for sale only prePACKAGED FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;(d) The name, title, address, and telephone number of the PERSON directly responsible for the FOOD ESTABLISHMENT;(e) The name, title, address, and telephone number of the PERSON who functions as the immediate supervisor of the PERSON specified under (d) of this section such as the zone, district, or regional supervisor;(f) The names, titles, and addresses of: 1. The PERSONS comprising the legal ownership as specified under (b) of this section including the owners and officers, and2. The local resident agent if one is required based on the type of legal ownership;(g) A statement signed by the applicant that: 1. Attests to the accuracy of the information provided in the application, and2. Affirms that the applicant will: (i) Comply with these Regulations, and(ii) Allow the DEPARTMENT access to the establishment as specified under 40-7-1-.41(3) and to the records specified under 40-7-1-.09(19) and 40-7-1-.26(17) and Subparagraph 40-7-1-.39(4)(d)6; and(h) Other information required by the DEPARTMENT.(6)New, Converted, or Remodeled Establishments. For FOOD ESTABLISHMENTS that are required to submit plans as specified under 40-7-1-.39(1) the DEPARTMENT shall issue a LICENSE to the applicant after: (a) A properly completed application is submitted;(b) The required fee is submitted;(c) The required plans, specifications, and information are reviewed and APPROVED;(d) If conducted, a preoperational inspection as specified in 40-7-1-.39(6) shows that the establishment is built or remodeled in accordance with the APPROVED plans and specifications and that the establishment is in compliance with these Regulations; and(e) Verification of lawful presence within the United States has been completed, as required by O.C.G.A. § 50-36-1.(7)Existing Establishments, License Renewal, and Change of Ownership. (a) Applications are not required for the annual renewal of LICENSES issued as described in 40-7-1-.40(1); however, additional requirements may apply according to LAW.(b) The DEPARTMENT may issue a LICENSE to a new owner of an existing FOOD ESTABLISHMENT after a properly completed application is submitted, reviewed, and APPROVED, the fees are paid, and an inspection shows that the establishment is in compliance with these Regulations.(8)Denial of Application for License, Notice. If an application for a LICENSE to operate is denied, the DEPARTMENT shall provide the applicant with a notice that includes: (a) The specific reasons and Regulation citations for the LICENSE denial;(b) The actions, if any, that the applicant must take to qualify for a LICENSE; and(c) Advisement of the applicant's right to request a hearing within the time frame provided in LAW.(9)Responsibilities of the Department.(a) At the time a LICENSE is first issued, the DEPARTMENT shall provide to the LICENSE HOLDER a copy of the conditions of retention, as specified under 40-7-1-.40(10), that are applicable to the LICENSE.(b)Failure to provide the information specified in (a) of this section does not prevent the DEPARTMENT from taking authorized action or seeking remedies if the LICENSE HOLDER fails to comply with these Regulations or an order, warning, or directive of the DEPARTMENT.(10)Responsibilities of the License Holder. Upon acceptance of the LICENSE issued by the DEPARTMENT, the LICENSE HOLDER, in order to retain the LICENSE, shall: (a) Post the LICENSE in a location in the FOOD ESTABLISHMENT that is conspicuous to CONSUMERS;(b) Comply with the provisions of these Regulations including the conditions of a granted VARIANCE as specified under 40-7-1-.38(5) and APPROVED plans as specified under 40-7-1-.39(2);(c) If a FOOD ESTABLISHMENT is required under 40-7-1-.39(3) to operate under a HACCP PLAN, comply with the plan as specified under 40-7-1-.38(5);(d) Immediately contact the DEPARTMENT to report an illness of a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE as specified under 40-7-1-.04(1)(b);(e) Immediately discontinue operations and notify the DEPARTMENT if an IMMINENT HEALTH HAZARD may exist as specified under 40-7-1-.41(12);(f) Allow representatives of the DEPARTMENT access to the FOOD ESTABLISHMENT as specified under 40-7-1-.41(13);(g) Replace existing facilities and EQUIPMENT specified in 40-7-1-.38(1) with facilities and EQUIPMENT that comply with these Regulations if: 1. The DEPARTMENT directs the replacement because the facilities and EQUIPMENT constitute a public health HAZARD or nuisance or no longer comply with the criteria upon which the facilities and EQUIPMENT were accepted,2. The DEPARTMENT directs the replacement of the facilities and EQUIPMENT because of a change of ownership, or3. The facilities and EQUIPMENT are replaced in the normal course of operation;(h) Comply with directives of the DEPARTMENT including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the DEPARTMENT in regard to the LICENSE HOLDER'S FOOD ESTABLISHMENT or in response to community emergencies;(i) Accept notices issued and served by the DEPARTMENT according to LAW; and(j) Be subject to the remedies authorized in LAW for failure to comply with these Regulations or a directive of the DEPARTMENT, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.(11)License Not Transferable. A LICENSE may not be transferred from one PERSON to another PERSON, from one FOOD ESTABLISHMENT to another, or from one type of operation to another if the FOOD operation changes from the type of operation specified in the application as specified under 40-7-1-.40(5)(c) and the change in operation is not APPROVED.Ga. Comp. R. & Regs. R. 40-7-1-.40
O.C.G.A. Secs. 26-2-1et. seq.
Original Rule entitled "Cleaning Frequency" adopted. F. Apr. 30, 1996; eff. May 20, 1996.Amended: F. Oct. 29, 2003; eff. Nov. 28, 2003, as specified by the Agency.Amended: F. Aug. 7, 2012; eff. Aug. 27, 2012.Repealed: New Rule entitled "Compliance & Enforcement: License to Operate" adopted. F. Sep. 11, 2015; eff. Oct. 1, 2015.