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LEGAL NOTICE

NICOLLET COUNTY RESIDENTS

NOTICE OF AMENDMENT OF THE FOLLOWING NICOLLET COUNTY ORDINANCE

After being duly advertised, the below amendments to the Nicollet County Ordinance Providing for the Regulation of Food and Beverage Establishments were adopted by the Nicollet County Board of Commissioners at a Public Hearing held at 10:30 a.m. during the regular meeting of Tuesday, February 12, 2019, in St. Peter, Minnesota.

The following is a summary pursuant to Minnesota Statutes Section 375.51 and Minnesota Statutes 331A.01, of sections within the following Nicollet County Ordinance which were amended:

The Nicollet County Ordinance Providing for the Regulation of Food and Beverage Establishments:

This Ordinance provides standards for Food and/or Beverage Establishments and authority to protect the health, safety, and general welfare of the public. This Ordinance establishes minimum standards as defined in the Minnesota Food Code, Minnesota Rules, Parts 4626.0010 to 4626.1855, except Certification of Food Protection Managers under Minnesota Statutes Section 157.16, subdivision 2(a), and Minnesota Rules, Parts 4626.0033, subparts G, H, I, J, K, L, M, N, and O, and this Ordinance; for the design, construction, operation, and maintenance of Food and/or Beverage Establishments in Nicollet County. This Ordinance shall be applicable to all Food and/or Beverage Establishments as defined in Minnesota Statutes Section 157.15, Minnesota Rules, Part 4626.0020, and this Ordinance, and shall include all other businesses and establishments where meals, and/or drinks are served, except as exempted by Minnesota Statutes Section 157.22, that are located in Nicollet County, Minnesota. In addition, this Ordinance shall serve as criteria for evaluation of Food and/or Beverage service facilities in Youth Camps as defined in Minnesota Statutes Section 144.71, subdivision 2, that are located in Nicollet County, Minnesota. This Ordinance provides for the licensing and inspection of all Food and/or Beverage Establishments, the enforcement of violations, and the fixing of penalties of this Ordinance throughout Nicollet County.

SECTION 1: Purpose and Authority. Modify references to Minnesota Rules to include Minnesota Rules, Parts 4626.0010 to 4626.1855, Minnesota Rules, Part 4626.0033, subparts G, H, I, J, K, L, M, N, and O, and Minnesota Statutes Section 157.16, subdivision 2(a), to meet the requirements of the Minnesota Department of Health and the Minnesota Food Code. Clarify language and restructure Minnesota Rules and Minnesota Statutes references.

SECTION 2: Scope. Remove “lunches” as it is would be included in reference to meals. Restructure sentence format.

SECTION 3: Administration. Remove “referred to as the” as it would be assumed by previously using “hereinafter”, and restructure sentence format.

SECTION 4: Definitions. Minnesota Statutes Section 157.15 and Minnesota Rules, Part 4626.0020 to include additional definitions that may be found in these specific Statutes and Rules. Clarify, add, and/or remove definitions, including: additional food service, alcohol beverage service, appeals board, bed and breakfast, beverage only establishment, catering, certified food protection manager, code, daycare, environmental health department, environmental health director, extensive remodeling, hazard analysis and critical control point (HACCP) plan, imminent health hazard, large food establishment, licensee, limited food establishment, minimal handling special event food stand, one day special event food stand, person, person in charge, regulatory authority, high risk food establishment, medium risk food establishment, school additional food service, school food service, seasonal limited food establishment, seasonal small establishment, service kitchen, small food establishment, transient use, and variance. Changed Section numbers to account for removal of definitions in the previous Ordinance.

SECTION 5: Review of Construction Plans. Modify and clarify reference to Minnesota Rules, Parts 4626.1720, to include Subparts E and F. Restructure sentence format.

SECTIONS: 5 – 6: Replace Nicollet County with “the County” as described in Section 4.13.

SECTIONS: 5 – 16: Replace Environmental Health Department with “Regulatory Authority” as referenced in Section 3.

SECTION 6: Licensure. Change language to clarify licensure requirements and licensure process.

SECTION 7: Requirements of Licensed Establishments. Minnesota Rules, Part 4626.0040, subpart A; and Minnesota Rules, Part 4626.0045, to clarify employee illness reporting, exclusion, and restriction requirements. Remove requirement to report customer illness to County Law Enforcement Department.

SECTION 8: Inspection and Correction. Change language for clarity and consistency throughout this section and the Program Ordinance. Replace reference to Minnesota Rules, Parts 4626.2000 to 4626.2010, to include Minnesota Rules, Part 4626.0033.

SECTION 9 – 12: Replace Minnesota Rules, Chapter 4626 with the “Minnesota Food Code” as referenced in Section 1.2. Restructure sentence format.

SECTION 11: Suspension of License. Change language to clarify suspension of license. Change in the timeframe in which written request must be received by the Regulatory Authority.

SECTION 12: Revocation of License. Change language to clarify the timeframe in which revocation of license will take place and the methods in which the written notice of revocation will be provided to the license holder.

SECTION 13: Appeals Procedure. Change language to clarify Request for Hearing, Notice of Hearing, Decisions of the Appeals Board, and Notices Not Appealed.

SECTION 15: Penalties. Language to provide explanation on how the Regulatory Authority may enforce provisions of this Ordinance.

SECTION 16: Variances. Restructure sentence format.

SECTION 17: Effective Date. New effective date. Language to address prosecution for existing violations of the previous Nicollet County Ordinance Providing for the Regulation of Food and Beverage Establishments.

The above amendments to the Nicollet County Ordinance Providing for the Regulation of Food and Beverage Establishments shall take effect February 12, 2019, following publication of this notice.

Complete copies of the Ordinance as amended may be viewed at the Nicollet County Administrator’s Office during regular office hours.