Notwithstanding any other provisions of this chapter, the department may issue a license to establishments as defined in section 2491 on the basis of an inspection performed by an inspector who works for and is compensated by the municipality in which such establishment is located, but only if the following conditions have been met. [1975, c. 496, §3 (NEW).]
1. Adopted rules, regulations; code of standards. The municipality involved has adopted a set of rules and regulations, ordinances or other code of standards for such establishments which has been approved by the department and which is consistent with the regulations used by the department for the issuance of such licenses in effect at the time of inspection.
[ 1975, c. 496, §3 (NEW) .]
2. Qualified to make inspections. No municipal employed sanitarians shall make inspections under the provisions of this chapter unless certified as qualified by the Commissioner of Health and Human Services.
[ 1975, c. 496, §3 (NEW); 2003, c. 689, Pt. B, §7 (REV) .]
3. Inspection to ascertain intent. The department may from time to time inspect such municipally inspected establishments to ascertain that the intent of these statutes is being followed.
[ 1975, c. 496, §3 (NEW) .]
4. Inspection reports. The municipalities shall furnish the department copies of its inspection reports relating to said inspections on a monthly basis.
[ 1975, c. 496, §3 (NEW) .]
5. Charge. Municipalities may not charge the department for performing such inspections.
[ 1975, c. 496, §3 (NEW) .]
6. License fee. When a license is issued to an eating establishment located in a municipality to which authority to conduct inspection has been delegated by the department as specified in this section, the requirement for payment of a license fee by the establishment to the department as set forth in section 2494 must be waived. However, the licensee is required to pay the department a sum not to exceed $60 to support the costs of mailing and handling.
[ 2003, c. 673, Pt. X, §4 (AMD) .]
7. Licenses. Licenses issued under this section must be displayed, renewed and in every other way treated the same as licenses issued under this chapter on the basis of inspection by the department.
[ 2003, c. 673, Pt. X, §5 (AMD) .]
8. Certification. Certification of municipally employed sanitarians shall be in accordance with standards set by the commissioner and shall be for a period of 3 years.
[ 1975, c. 496, §3 (NEW) .]
9. Delegation renewal. Beginning January 1, 2005, and every 3 years thereafter, the department shall review the restaurant inspection program of the municipalities to which authority to conduct inspections has been delegated. The process for the delegation of this authority and other such provisions describing the assignment of and removal of this delegation of authority must be established by rule and must include, but not be limited to, staff competency, enforcement and compliance history, inspection practices and reporting practices. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[ 2003, c. 673, Pt. X, §6 (NEW) .]
SECTION HISTORY
1975, c. 293, §4 (AMD). 1975, c. 496, §3 (NEW). 1981, c. 703, §A19 (AMD). 2003, c. 673, §§X4-6 (AMD). 2003, c. 689, §B7 (REV).
Notwithstanding any other provisions of this chapter, the department may issue a license to establishments as defined in section 2491 on the basis of an inspection performed by an inspector who works for and is compensated by the municipality in which such establishment is located, but only if the following conditions have been met. [1975, c. 496, §3 (NEW).]
1. Adopted rules, regulations; code of standards. The municipality involved has adopted a set of rules and regulations, ordinances or other code of standards for such establishments which has been approved by the department and which is consistent with the regulations used by the department for the issuance of such licenses in effect at the time of inspection.
[ 1975, c. 496, §3 (NEW) .]
2. Qualified to make inspections. No municipal employed sanitarians shall make inspections under the provisions of this chapter unless certified as qualified by the Commissioner of Health and Human Services.
[ 1975, c. 496, §3 (NEW); 2003, c. 689, Pt. B, §7 (REV) .]
3. Inspection to ascertain intent. The department may from time to time inspect such municipally inspected establishments to ascertain that the intent of these statutes is being followed.
[ 1975, c. 496, §3 (NEW) .]
4. Inspection reports. The municipalities shall furnish the department copies of its inspection reports relating to said inspections on a monthly basis.
[ 1975, c. 496, §3 (NEW) .]
5. Charge. Municipalities may not charge the department for performing such inspections.
[ 1975, c. 496, §3 (NEW) .]
6. License fee. When a license is issued to an eating establishment located in a municipality to which authority to conduct inspection has been delegated by the department as specified in this section, the requirement for payment of a license fee by the establishment to the department as set forth in section 2494 must be waived. However, the licensee is required to pay the department a sum not to exceed $60 to support the costs of mailing and handling.
[ 2003, c. 673, Pt. X, §4 (AMD) .]
7. Licenses. Licenses issued under this section must be displayed, renewed and in every other way treated the same as licenses issued under this chapter on the basis of inspection by the department.
[ 2003, c. 673, Pt. X, §5 (AMD) .]
8. Certification. Certification of municipally employed sanitarians shall be in accordance with standards set by the commissioner and shall be for a period of 3 years.
[ 1975, c. 496, §3 (NEW) .]
9. Delegation renewal. Beginning January 1, 2005, and every 3 years thereafter, the department shall review the restaurant inspection program of the municipalities to which authority to conduct inspections has been delegated. The process for the delegation of this authority and other such provisions describing the assignment of and removal of this delegation of authority must be established by rule and must include, but not be limited to, staff competency, enforcement and compliance history, inspection practices and reporting practices. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[ 2003, c. 673, Pt. X, §6 (NEW) .]
SECTION HISTORY
1975, c. 293, §4 (AMD). 1975, c. 496, §3 (NEW). 1981, c. 703, §A19 (AMD). 2003, c. 673, §§X4-6 (AMD). 2003, c. 689, §B7 (REV).
Notwithstanding any other provisions of this chapter, the department may issue a license to establishments as defined in section 2491 on the basis of an inspection performed by an inspector who works for and is compensated by the municipality in which such establishment is located, but only if the following conditions have been met. [1975, c. 496, §3 (NEW).]
1. Adopted rules, regulations; code of standards. The municipality involved has adopted a set of rules and regulations, ordinances or other code of standards for such establishments which has been approved by the department and which is consistent with the regulations used by the department for the issuance of such licenses in effect at the time of inspection.
[ 1975, c. 496, §3 (NEW) .]
2. Qualified to make inspections. No municipal employed sanitarians shall make inspections under the provisions of this chapter unless certified as qualified by the Commissioner of Health and Human Services.
[ 1975, c. 496, §3 (NEW); 2003, c. 689, Pt. B, §7 (REV) .]
3. Inspection to ascertain intent. The department may from time to time inspect such municipally inspected establishments to ascertain that the intent of these statutes is being followed.
[ 1975, c. 496, §3 (NEW) .]
4. Inspection reports. The municipalities shall furnish the department copies of its inspection reports relating to said inspections on a monthly basis.
[ 1975, c. 496, §3 (NEW) .]
5. Charge. Municipalities may not charge the department for performing such inspections.
[ 1975, c. 496, §3 (NEW) .]
6. License fee. When a license is issued to an eating establishment located in a municipality to which authority to conduct inspection has been delegated by the department as specified in this section, the requirement for payment of a license fee by the establishment to the department as set forth in section 2494 must be waived. However, the licensee is required to pay the department a sum not to exceed $60 to support the costs of mailing and handling.
[ 2003, c. 673, Pt. X, §4 (AMD) .]
7. Licenses. Licenses issued under this section must be displayed, renewed and in every other way treated the same as licenses issued under this chapter on the basis of inspection by the department.
[ 2003, c. 673, Pt. X, §5 (AMD) .]
8. Certification. Certification of municipally employed sanitarians shall be in accordance with standards set by the commissioner and shall be for a period of 3 years.
[ 1975, c. 496, §3 (NEW) .]
9. Delegation renewal. Beginning January 1, 2005, and every 3 years thereafter, the department shall review the restaurant inspection program of the municipalities to which authority to conduct inspections has been delegated. The process for the delegation of this authority and other such provisions describing the assignment of and removal of this delegation of authority must be established by rule and must include, but not be limited to, staff competency, enforcement and compliance history, inspection practices and reporting practices. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[ 2003, c. 673, Pt. X, §6 (NEW) .]
SECTION HISTORY
1975, c. 293, §4 (AMD). 1975, c. 496, §3 (NEW). 1981, c. 703, §A19 (AMD). 2003, c. 673, §§X4-6 (AMD). 2003, c. 689, §B7 (REV).
