(1)An owner or
operator of a retail food establishment shall submit plans and specifications to the
department or a county or district board of health in the jurisdiction in which a retail
food establishment is to be constructed or extensively remodeled before such
construction or extensive remodeling is begun or any existing structure is
converted for use as a retail food establishment. Such plans and specifications
shall be submitted for review and approval, in such form as the department requires
or approves, to ensure that the retail food establishment layout, equipment, and
food handling procedures are conducive to providing a safe food product. Each plan
and specification submission shall be accompanied by the fees set forth in section
25-4-1607. The department and a count
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(1) An owner or
operator of a retail food establishment shall submit plans and specifications to the
department or a county or district board of health in the jurisdiction in which a retail
food establishment is to be constructed or extensively remodeled before such
construction or extensive remodeling is begun or any existing structure is
converted for use as a retail food establishment. Such plans and specifications
shall be submitted for review and approval, in such form as the department requires
or approves, to ensure that the retail food establishment layout, equipment, and
food handling procedures are conducive to providing a safe food product. Each plan
and specification submission shall be accompanied by the fees set forth in section
25-4-1607. The department and a county or district board of health shall treat the
plans and specifications as confidential trade secret information. The plans and
specifications shall indicate the proposed layout, arrangement, mechanical plants,
construction materials of work areas, and the location, type, and model of proposed
fixed equipment and facilities.
(2) The construction, extensive remodeling, or conversion of any retail food
establishment shall be in accordance with the plans and specifications submitted to
and approved by the department or a county or district board of health. The
department or a county or district board of health shall conduct preopening
inspections of retail food establishments to assure compliance with the approved
plans, as circumstances require.
(3) An owner or operator of a retail food establishment shall submit an
HACCP plan to the department or a county or district board of health for review and
approval before beginning a modified atmosphere packaging process or other food
preparation method that does not meet rules promulgated by the department.
HACCP plans shall be submitted in such form as the department requires or
approves. The submission shall ensure that food handling risks are reduced to
prevent food-borne illness and outbreaks. The department and any county or
district board of health shall treat HACCP plans as confidential trade secret
information.
(4) The department or a county or district board of health shall respond to
any plans and specifications submitted pursuant to subsection (1) of this section
and to any HACCP plan submitted pursuant to subsection (3) of this section within
fourteen working days after receipt. If a submitted HACCP plan or other plan or
specification is deemed inadequate, the department or a county or district board of
health shall respond in writing to the submitter of the plans or specifications with a
statement describing how such deficiencies may be corrected.