Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Division V - Inspections

When the Health Author­i­ty has rea­son­able cause to sus­pect pos­si­bil­i­ty of dis­ease trans­mis­sion from any food ser­vice estab­lish­ment or retail food store employ­ee, the Health Author­i­ty shall secure a mor­bid­i­ty his­to­ry of the sus­pect­ed employ­ee, or make such oth­er inves­ti­ga­tion as may be indi­cat­ed, and take appro­pri­ate action.  The Health Author­i­ty may require any or all of the fol­low­ing mea­sures: (a) the imme­di­ate exclu­sion of the employ­ee from all food ser­vice estab­lish­ments and retail stores; (b) the imme­di­ate clo­sure of the estab­lish­ment con­cerned until, in the opin­ion of the Health Author­i­ty, no fur­ther dan­ger of dis­ease out­break exists; (c) restric­tion of the employee’s ser­vices to some area of the estab­lish­ment where there would be no dan­ger of trans­mit­ting dis­eases and (d) ade­quate med­ical and lab­o­ra­to­ry exam­i­na­tion of the employ­ee, of oth­er employ­ees, and of their body dis­charges if necessary.

When a food ser­vice estab­lish­ment or retail food store is here­after con­struct­ed or exten­sive­ly remod­eled, or when an exist­ing struc­ture is con­vert­ed for use as a food ser­vice estab­lish­ment or retail food store, prop­er­ly pre­pared plans and spec­i­fi­ca­tions of such con­struc­tion, remod­el­ing or alter­ation, show­ing, lay­out, arrange­ment, and con­struc­tion mate­ri­als of work areas, and the loca­tion, size, and type of fixed equip­ment and facil­i­ties shall be sub­mit­ted to the Health Author­i­ty before such work is begun.  Fees may be charged by the Board of Health to off­set the cost of review­ing plans.  Fees are to be set by the Board of Health.

Food from food ser­vice estab­lish­ments out­side of the juris­dic­tion of the Health Author­i­ty of the Coun­ty may be sold with­in the Coun­ty, if such food ser­vice estab­lish­ments con­form to the pro­vi­sions of this Code or to sub­stan­tial­ly equiv­a­lent pro­vi­sions.  To deter­mine the extent of com­pli­ance with such pro­vi­sions, the Health Author­i­ty may accept reports from respon­si­ble author­i­ties in oth­er juris­dic­tions where such food ser­vice estab­lish­ments are located.

Food may be exam­ined or sam­pled by the Health Author­i­ty as often as may be nec­es­sary to deter­mine free­dom from adul­ter­ation or mis­brand­ing.  The Health Author­i­ty may upon writ­ten notice to the own­er or per­son in charge, place a hold order on any food which he deter­mines, or has prob­a­ble cause to believe to be unwhole­some, or oth­er­wise, adul­ter­at­ed, or mis­brand­ed.  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, and nei­ther such food nor the con­tain­ers there­of shall be labeled, repacked, reprocessed, altered, dis­posed of, or destroyed, with­out per­mis­sion of the Health Author­i­ty, except on order by a court of com­pe­tent juris­dic­tion.  After the own­er or per­son in charge has had a hear­ing as pro­vid­ed for in Sec­tion 18–1‑13, 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 (10) days, the Health Author­i­ty may vacate the hold order, or may be writ­ten order direct the own­er or per­son in charge of the food which was placed under the hold order to dena­ture or destroy such food or bring it into com­pli­ance with pro­vi­sions of this Code; pro­vid­ed that such order of the Health Author­i­ty to dena­ture or destroy such food or bring it into com­pli­ance with the pro­vi­sions of this Code shall be stayed if the order is appealed to a court of com­pe­tent juris­dic­tion with­in three (3) days.

Inspec­tions of Food Ser­vice and Retail Food Estab­lish­ments will be per­formed at inter­vals required under their clas­si­fi­ca­tion as either 
“Cat­e­go­ry I”, “Cat­e­go­ry II”, and “Cat­e­go­ry III” as deter­mined by the Health Author­i­ty.  Addi­tion­al fol­low up inspec­tions (rechecks) and com­plaint inves­ti­ga­tions will be per­formed as often as nec­es­sary for the prop­er admin­is­tra­tion of the Illi­nois Food Laws.

(A) Access to Estab­lish­ment.  The Health Author­i­ty, after prop­er iden­ti­fi­ca­tion shall be per­mit­ted to enter, at any rea­son­able time, any food ser­vice estab­lish­ment or retail food store with­in the Coun­ty for the pur­pose of mak­ing inspec­tions to deter­mine com­pli­ance with this Code.  They shall be per­mit­ted to exam­ine the records of the estab­lish­ment to obtain per­ti­nent infor­ma­tion per­tain­ing to food and sup­plies pur­chased, received, or used and per­sons employed.

(B) Pro­ce­dures for Report­ing Inspec­tion Find­ings.  When­ev­er an inspec­tion of a retail food estab­lish­ment is made, the find­ings will be record­ed on the appro­pri­ate food inspec­tion form.  This inspec­tion report form will sum­ma­rize the require­ments of the Illi­nois Food Ser­vice San­i­ta­tion Code and will set forth a weight­ed point val­ue for each requirement.

Inspec­tion remarks shall be writ­ten to ref­er­ence, by rule num­ber, the sec­tion vio­lat­ed and will state the cor­rec­tion to be made.  The rat­ing score of the weight­ed point val­ues of all vio­la­tions sub­tract­ed from 100.  A copy of the com­plet­ed inspec­tion report form will be fur­nished to the per­son in charge of the estab­lish­ment at the con­clu­sion of the inspec­tion.  The com­plet­ed inspec­tion report form is a pub­lic doc­u­ment and will be made avail­able for pub­lic dis­clo­sure to any per­son who requests it.

A copy of the most recent Inspec­tion Report of the estab­lish­ment shall be dis­played in a promi­nent loca­tion with­in the estab­lish­ment, in such a man­ner as it may be eas­i­ly observed by the con­sum­ing pub­lic.  Fail­ure to dis­play the pre­vi­ous Inspec­tion Report shall be a 5 point weight­ed item on the inspection.

(C) Cor­rec­tion of Vio­la­tions.  The com­plet­ed inspec­tion report form will spec­i­fy a rea­son­able peri­od of time for the cor­rec­tion of the vio­la­tions found.  The cor­rec­tion of the vio­la­tions will be accom­plished with­in the peri­od spec­i­fied in accor­dance with the fol­low­ing provisions:

  1. If an immi­nent health haz­ard exists, such as com­plete lack of refrig­er­a­tion or sewage back­up in the estab­lish­ment, the estab­lish­ment shall be required to cease oper­a­tions until the vio­la­tion has been abated.
  2. All vio­la­tions of a 4 or 5 point weight­ed item shall be cor­rect­ed as soon as pos­si­ble.  Fol­low-up (Recheck) inspec­tions will be con­duct­ed to con­firm correction.
  3. All 1 and 2 point weight­ed items shall be cor­rect­ed as soon as possible.
  4. When the rat­ing score of the estab­lish­ment is less than 60, the estab­lish­ment shall ini­ti­ate cor­rec­tive action on all iden­ti­fi­able vio­la­tions with­in forty-eight (48) hours.  One or more re-inspec­­­tions (rechecks) will be con­duct­ed at rea­son­able time inter­vals to deter­mine if cor­rec­tion action has been made.

(D) Ser­vice of Notices.  Notices pro­vid­ed for under this Sec­tion shall be deemed to have been prop­er­ly served when the orig­i­nal of the inspec­tion report form or oth­er notice has been deliv­ered per­son­al­ly to the per­mit hold­er or per­son in charge, or such notice has been sent by reg­is­tered or cer­ti­fied mail, return receipt request­ed, to the last known address or the per­mit hold­er.  A copy of such notice shall be filed with the records of the Health Authority.