//Section 4 – Compliance and Enforcement

Section 4 – Compliance and Enforcement

4.1 Operation of annual itinerant without a permit. Annual itinerant operators who are found operating without a valid health permit shall be required to cease food operations immediately until a valid health permit is obtained and approved. Failure to comply will result in a written notice of violation and possible subsequent legal action taken by the Health Authority.

4.2 Menu and equipment modifications. Annual itinerant permits are limited to those menu items and equipment approved during the initial plan review and inspection process. Prior to any changes in the approved menu or existing equipment, the permit holder shall:

4.2.1 Submit any intended additions or modifications of equipment and menu to the Health Authority for review and approval, or

4.2.2 Obtain additional permitting or equipment as required for an annual itinerant permit specific to type of food to be served.

4.3 Inspections

4.3.1 Credentials. After presenting official credentials, the Health Authority shall be permitted to inspect, at any reasonable time, any food establishment within Clark County to determine compliance with these Regulations. The Health Authority shall be permitted to examine any pertinent information pertaining to food and supplies purchased, received, or used, and persons employed.

4.3.2 Inspections by the Health Authority

4.3.2.1 A pass/fail status will be determined upon inspections by a representative of the Health Authority.

4.3.2.2 An annual itinerant shall be deemed to pass its initial plan review permitting inspection with a demerit score of 10 demerits or less. A permit will not be issued if the score is greater than 10 demerits. Any critical violations must be corrected before a permit is issued.

4.3.2.3 The Health Authority may periodically inspect throughout its permit period, any annual itinerant to verify that good public health is practiced. Conditions warranting additional inspections may include, but are not limited to:

4.3.2.3.1 Inexperienced food employees.

4.3.2.3.2 Inclement weather.

4.3.2.3.3 Citizen or alleged foodborne illness complaint investigations.

4.3.2.3.4 Failed inspection(s).

4.3.2.3.5 Food from unapproved, unpermitted commissaries or food establishments.

4.3.2.4 When such periodic routine operational inspections take place for the annual itinerant, a passing score is a demerit score ranging from 0 to 15. During an inspection of an annual itinerant, it shall be deemed to fail when more than 15 demerits are found. At that time, the annual itinerant’s permit will be suspended and a closure fee assessed. The annual itinerant will not be allowed to reopen until all violations are corrected, a closure fee has been paid, or documented arrangements have been made for payment of the closure fee, and a reinspection is conducted and a passing score received. A passing score is 15 demerits with no repeat critical violations.

4.3.2.5 Not withstanding demerit values noted above in Section 4.3.2.4, any uncorrected imminent health hazard may result in immediate suspension of the health permit.

4.3.3 Findings

4.3.3.1 Whenever the Health Authority makes an inspection of an annual itinerant, the findings shall be recorded on an inspection report form. The Health Authority shall furnish the original of the inspection report form to the permit holder, operator, or the designated person in charge.

4.3.3.2 The Health Authority may order the annual itinerant to cease and desist operation if the establishment is found to be violating the requirements set forth in these Regulations. The annual itinerant shall not resume operations until approved by the Health Authority.

4.4 Schedule of events. The annual itinerant permit holder must provide to the Health Authority a written schedule of all Special Events and Farmers’ Markets they plan to attend. Any updates to the schedule must be provided at least two business days prior to the start of any special event and farmer’s market. Failure to notify the Health Authority within the required timeframe will result in the following actions for the given permitting billing period:

4.4.1 First occurrence: written warning.

4.4.2 Second occurrence: Cease and Desist for that particular event.

4.4.3 Third occurrence: Permit suspension, including closure fee, plus a Supervisory conference.

4.4.4 Fourth occurrence: The permit holder shall be noticed to appear before the District Board of Health for consideration of revocation of their annual itinerant health permit.

4.5 Examination and condemnation of food/adulterated food or risk to public health

4.5.1 Labeling requirements

4.5.1.1 Processed packaged food shall not be misbranded; and

4.5.1.2 Shall be labeled in accordance with the Code of Federal Regulations (CFR) Part 101.

4.5.1.3 All pre-packaged food shall not be misbranded or mislabeled.

4.5.2 Examination and condemnation of food

4.5.2.1 Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding.

4.5.2.2 Food which upon inspection of an annual itinerant by the Health Authority, is determined to have been potentially adulterated or for any reason may present a substantial risk to public health shall be condemned.

4.5.2.3 The Health Authority may, upon written notice to the person in charge, place a hold order on any food that the Health Authority determines is or has probable cause to believe may be unwholesome or otherwise adulterated or misbranded.

4.5.2.4 Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice, or tag placed on food by the Health Authority. Neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Health Authority, except by order of a court of competent jurisdiction

4.5.2.5 Food that has been condemned may be voluntarily destroyed and discarded by the food establishment operator in the presence of the Health Authority or otherwise placed on hold as specified in NRS 446.920.

4.5.2.6 After the permittee or person in charge has had a hearing with the Health Authority and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within ten days, the Health Authority may vacate the hold order, or may by written order direct the permittee or person in charge of the food that was placed under the hold order to denature or destroy such food, or to bring it into compliance with the provisions of these Regulations. Such order of the Health Authority to denature or destroy such food or bring it into compliance with the provisions of these Regulations shall be stayed if the order is appealed to a court of competent jurisdiction within three days.

4.6 Suspension or revocation of annual itinerant permit and reinstatement

4.6.1 Unsanitary condition or health hazard. Whenever the Health Authority finds an unsanitary condition, or an imminent health hazard at a Special Event or in the operation of an annual itinerant, the Health Authority may issue a written Notice of Violation (NOV) to the permit holder or operator citing the condition, and specifying the time in which the corrective action must be taken.

4.6.2 Cease and Desist

4.6.2.1 Based upon violations noted during an inspection or survey which constitutes a hazard to the public health and welfare to the citizens of Clark County, the Health Authority shall issue a Cease and Desist Order. The order will suspend all food operations at the annual itinerant and will remain in effect until all violations are corrected and verified by the Health Authority.

4.6.2.2 The annual itinerant permit will be reinstated only after the violations have been corrected and the annual itinerant receives approval from Health Authority.

4.6.3 Health permit suspension

4.6.3.1 Permits issued under the provisions of these Regulations may be suspended temporarily by the Health Authority for failure of the operator to comply with the requirements of these Regulations.

4.6.3.2 Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of these Regulations, the permit holder or operator must be notified in writing that the permit is, upon service of the notice, immediately suspended. The notice must also contain a statement informing the permit holder or operator that an opportunity for a hearing will be provided if a written request for a hearing is filed by him with the Health Authority.

4.6.3.3 Whenever the Health Authority finds an unsanitary or other condition in the operation of an annual itinerant which, in his judgment, constitutes a substantial hazard to the public health, he may without warning, notice or hearing issue a written order to the permit holder or operator citing the condition, specifying the corrective action to be taken, and specifying the time within which the action must be taken. The order may state that the permit is immediately suspended and all food operations must be immediately discontinued. Any person to whom such an order is issued shall comply with it immediately. Upon written petition to the Health Authority, the person must be afforded a hearing as soon as possible.

4.6.3.4 Any person whose permit has been suspended may, at any time, make application for a reinspection for reinstatement of the permit. Within ten days 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 Authority shall make a reinspection after all applicable closure fees have been paid or arrangements have been made for payment in writing. If the applicant is complying with the requirements these Regulations, the permit must be reinstated.

4.6.4 Health permit revocation

4.6.4.1 For imminent health hazards or repeated violations of any of the requirements of these Regulations or for interference with the Health Authority in the performance of his duties, an annual itinerant permit may be permanently revoked after an opportunity for a hearing has been provided by the Health Authority. Before taking such an action, the Health Authority shall notify the permit holder in writing, stating the reasons for which the permit may be suspended for cause pending its revocation or a hearing relative thereto.

4.6.4.2 The Health Authority may permanently revoke a permit after five days following service of the notice unless a request for a hearing is filed with the Health Authority by the permit holder within five days.

4.6.4.3 The hearings provided for in this section must be conducted by the Health Authority at a time and place designated by him. Based upon the record of the hearing, the Health Authority shall make a finding and may sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the Health Authority.

4.7 Interference with performance of duties unlawful. As per NRS 446.885(3) and pursuant to NRS 199.300,  it is unlawful for any person to interfere with the Health Authority in the performance of his or her duties.

4.8 Service of notices. The Health Authority shall properly serve notice by:

4.8.1 Delivering it to the annual itinerant permit holder;

4.8.2 Delivering it to the designated person in charge of the annual itinerant; or

4.8.3 If no permit holder or person in charge can be located and a Cease and Desist Order must be executed, delivering it to the event coordinator responsible for the Special Event or Farmer’s Market or to any available food employee left in charge of the annual itinerant,

4.8.4 If no person in charge, permit holder, event coordinator or food employee can be located on site and food operations have ceased, sending it by registered or certified mail, return receipt requested, to the last known address of the annual itinerant permit holder. The Health Authority shall file a copy of the notice in the records of the Health Authority.

4.9 Severability clause and effective date

Should any section, paragraph, sentence, clause, or phrase of these Regulations be declared unconstitutional or invalid for any reason, the remainder of said Regulations shall not be affected thereby. These Regulations shall become effective upon approval by the District Board of Health.

Contact Information

Phone: (702) 759-1258

 

Updated on: October 11, 2018

2018-10-11T09:23:17+00:00