§ 26-2-379 — Mobile food service establishment permits; inspections; fees

(a) A county board of health outside a mobile food service establishment's county of origin shall recognize the permit from the mobile food service establishment's county of origin as provided for in this Code section. Such recognition shall authorize the mobile food service establishment to operate in an outside county subject to the ordinances of such county or city. (b) A county board of health shall use the following process to recognize a permit from a mobile food service establishment's county of origin: (1) Prior to operating in a county outside the mobile food service establishment's county of origin, a mobile food service establishment shall submit to the county board of health in the outside county a copy of its mobile food service establishment permit from its county of origin, its permit for its base of operations, a listing of any other counties where it is authorized to operate, a listing of locations in the county where the mobile food service establishment intends to operate, a listing of the dates and times of intended operation, and any other documentation required by the county board of health. The listing of any other counties where the mobile food service establishment intends to operate shall be updated by the mobile food service establishment when it operates in additional counties. Such information shall be submitted in a manner determined by the county board of health, but an electronic delivery format shall be available; and (2) Upon receipt of all required information, the county board of health in the outside county shall verify on the Department of Public Health's permit inspection data base that the permit is in good standing in the county of origin and in any other counties where the mobile food service establishment has been authorized to operate. All county boards of health shall utilize the department's permit inspection data base. The county board of health for such outside county may charge an administrative fee, limited to the costs incurred, to confirm the mobile food service establishment's standing in other counties where it is authorized to operate. Upon verification that the permit is in good standing and there are not public health or safety concerns, a county shall recognize the permit and shall authorize the mobile food service establishment to operate in its jurisdiction and have jurisdiction over the mobile food service establishment. (c) An outside county may refuse to recognize a mobile food service establishment's permit if the base of operation or mobile unit permit is not from another county in this state, if the base of operation or mobile unit permit is not in good standing in the county of origin or any county within which it is authorized to operate, or for public health and safety concerns. If the county refuses to recognize a mobile food service establishment's permit, the county shall provide the mobile food service establishment written notice regarding the basis for its refusal. (d) The mobile food service establishment may be subject to periodic and unannounced inspections in any outside county where its permit has been recognized. County boards of health shall utilize discretion when inspecting mobile food service establishments that have been authorized to operate in multiple jurisdictions to ensure they are not inspected more frequently than necessary to protect public health and safety. A mobile food service establishment shall allow the county board of health access for inspection when the mobile food service establishment is physically operating in such county. (e) Fees for inspections conducted in outside counties shall be paid in full by the next business day. Failure to pay for inspections in outside counties will result in termination of authorization to operate in that county. The inspection fee shall be limited to the administrative costs incurred by the county to complete the inspection. (f) If any such inspection results in a violation, any outside county shall notify the county of origin and any other counties where the mobile food service establishment is authorized to operate of the violation. Any county where the mobile food service establishment operates may issue a court citation, terminate authorization for the mobile food service establishment to operate in the county, or require implementation of a remediation plan for the violation. (g) A mobile food service establishment shall stay current with its annual inspection fees in its county of origin and shall provide any outside counties where it is authorized to operate proof of currency before operating in that county. (h) Mobile food service establishment operators shall be required to return to their base of operation at least daily or more often if needed to service their unit with fresh water and to empty their wastewater tank. (i) If at any time a mobile food service establishment's permit is no longer in good standing in any jurisdiction, a county may revoke the establishment's authorization to operate in its jurisdiction. (j) The Department of Public Health may establish an expedited permit approval and recognition process for mobile food service establishments for counties to utilize that is consistent with the provisions of this Code section. (k) The Department of Public Health may develop rules and regulations governing the operation of mobile food service establishments. Any such rules and regulations shall be tailored to address health and safety risks.

Legislative History

Added by 2022 Ga. Laws 825,§ 3, eff. 1/1/2023.