ADOPTED - DECEMBER 11, 2007

Agenda Item No. 15

Introduced by the Human Services Committee of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO AMEND CHAPTER IV OF THE INGHAM COUNTY SANITARY CODE, FOOD SERVICE SANITATION, BY ADDING NEW SECTIONS 410.1(E) AND  420.7, TO APPROVE REGULATIONS ON FOOD SERVICE ESTABLISHMENTS REGARDING REQUIRED NOTICES AND REFERRALS TO THE HEALTH DEPARTMENT FOR COMPLAINTS OF ALLEGED FOODBORNE ILLNESS

RESOLUTION #07-323

WHEREAS, the Ingham County Board of Commissioners has established a Sanitary Code to protect the health and safety of residents of Ingham County; and

WHEREAS, the Sanitary Code regulates food service establishments in order to prevent outbreaks of foodborne illness; and

WHEREAS, the Sanitary Code empowers the Health Officer to make inspections of food service establishments as required to enforce the Sanitary Code and prevent outbreaks of foodborne illness; and

WHEREAS, the Michigan Public Health Code, Act 368 of 1978, as amended, empowers the Ingham County Health Department to conduct investigations of outbreaks of foodborne illness; and

WHEREAS, the success of investigations of outbreaks of foodborne illness depends on the prompt identification of possible cases of foodborne illness; and

WHEREAS, the Michigan Public Health Code (MCL 333.2441) authorizes the local governing entity of a local health department (Ingham County Board of Commissioners for the Ingham County Health Department) to approve regulations adopted by the health department that are necessary or appropriate to implement or carry out the duties or functions vested by law in the local health department; and

WHEREAS, the Health Officer has proposed the adoption of an amendment to Chapter IV of the Sanitary Code by adding a new Section 410.1(E), which would require that every food service license issued under the Sanitary Code shall contain a notice informing food service establishment employees and patrons that they should refer complaints of foodborne illness to the Health Department, and by adding a new Section 420.7, requiring food service establishment licensees to refer any person who contacts the food service establishment with a complaint of alleged foodborne illness associated with that establishment to the Health Department; and

WHEREAS, notice of public hearing was given in accordance with Section 2442 of the Public Health Code (MCL 333.2442) not less than 10 days before the public hearing and not less than 20 days before the adoption of the amendment; and

WHEREAS, the Health Officer has notified the Board of Commissioners that notice of the November 5, 2007 public hearing was published in the Lansing State Journal on Monday, October 22, 2007, and has recommended that the Board of Commissioners approve the amendment to Chapter IV of the Ingham County Sanitary Code.

THEREFORE BE IT RESOLVED, that the Board of Commissioners of the County of Ingham, Michigan, having considered the comments made at the public hearing on November 5, 2007, hereby approves an amendment to Chapter IV of the Ingham County Sanitary Code by approving the addition of a new Section 410.1(E), and by addition of a new Section 420.7 (copy attached and incorporated by reference), being regulations on food service establishments requiring notices on licenses, referrals to the Health Department of complaints of alleged foodborne illness.

BE IT FURTHER RESOLVED, that the amendment to Chapter IV of the Sanitary Code approved by  this Reso-lution shall be effective 45 days after the date of this Resolution.

HUMAN SERVICES: Yeas:  Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino

Nays:  None        Absent:  None           Approved 12/3/07

INGHAM COUNTY SANITARY CODE

CHAPTER IV

SECTION 410. ADMINISTRATION, FEES AND HEARINGS

410.1 LICENSE REQUIREMENTS AND PROCEDURES

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(E)  Every license issued hereunder shall contain a notice informing food service establishment employees and patrons that they should refer complaints of foodborne illness to the Health Department. The notice shall include the Department’s telephone number. 

[Subsections 410.1(E), (F), and (G) shall be relettered as (F), (G), and (H) respectively.]

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SECTION 420.  FOOD SERVICE ESTABLISHMENTS

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420.7 - REFERRAL OF COMPLAINTS OF ALLEGED FOODBORNE ILLNESS

The person in charge of a food service establishment shall be required to refer any person who contacts the food service establishment with a complaint of alleged foodborne illness associated with that establishment to the Health Department.