§ 34-1. Adoption of state food service rules.

(a)

The board of commissioners hereby adopts Chapter 290-5-14 of the rules of the state department of human resources for public health, published by the state department of human resources, as currently promulgated and amended.

(b)

The county health inspector shall be empowered to cite violations of this section. The county health inspector shall, upon inspecting any food establishment, issue an order directing any violation of this section to be corrected within 15 days, excepting however, a violation dealing with perishable food items, or where a violation may constitute an immediate and direct hazard to public health. Under these circumstances, the county health inspector may use his discretion as to the amount of time necessary to correct the violation. If any violation of this section has not been corrected within the amount of time specified by the county health inspector, then he shall issue a citation to be heard in the magistrate court of the county. Anyone violating this section shall be punished as provided in section 1-9. Any fine, or any part thereof, shall not be suspended or waived.

(c)

Any prosecution of a violation of this section shall be by citation or accusation only and no one cited for the violation of this section shall be arrested.

(Res. of 12-8-1992)