36-507. Rules and regulations establishing standards for food service establishments and food vending machines.
36-507
36-507. Rules and regulations establishing standardsfor food serviceestablishments and food vending machines.(a) The secretary of agriculture shall adoptrules andregulations establishing minimum standards for the safe and sanitaryoperation of food service establishments. The food service standardspromulgated by such rules and regulations shall relate to:
(1) Preparation, sale, serving and storage of food;
(2) water supply;
(3) heating;
(4) lighting;
(5) ventilation;
(6) toilet and other sanitary facilities;
(7) conditions increasing the hazards of fire, accidents or othercalamities;
(8) sewage disposal; and
(9) such other minimum conditions which the secretary deems necessaryfor the operation and maintenance of a food service establishment in a safeand sanitary manner.
(b) The standards promulgated pursuant to the rules and regulationsadopted hereunder shall be designed to ensure the health, comfort andsafety of the guests in food service establishments. Such standards may bebased upon or incorporate by reference specific editions, or portionsthereof, of nationally recognized codes establishing food servicestandards. Such standards shall be applicable uniformly throughout thestate, and any provision of an ordinance or resolution of any municipality,prescribing safety and sanitation standards for food serviceestablishments, which does not conform to the minimum standards promulgatedby the secretary pursuant to this section, shall be null and void; butnothing herein shall be construed as precluding any municipality fromestablishing by ordinance or resolution food service standards which aremore stringent than those established by the secretary: Provided,Thatno such ordinance or resolution shall be effective unless and until it hasbeen approved by the secretary.
(c) In addition to the food service standards promulgated pursuant tothis section, the secretary shall adopt rules and regulations establishingspecific requirements for sanitary design, construction, location,servicing and operation of food vending machines. Such standards may bebased upon, or may incorporate by reference, recommended vending sanitationcodes of the United States public health service which are in existence onthe effective date of this act.
History: L. 1975, ch. 314, § 11;L. 2008, ch. 84, § 15; Oct. 1.