Ga. Comp. R. & Regs. R. 511-6-1-.02 - Provisions

(1) Permit.

(a) Valid Permit Required.

1. Except when a mobile food service establishment has been permitted in a county of origin and has been authorized to operate in such other county, it shall be unlawful for any person to operate any type of food service operation: fixed food service establishment, mobile food service establishment, extended food service establishment, temporary food service establishment, catering food service establishment, or incubator food service establishment without having first obtained a valid food service permit from the Health Authority pursuant to this Chapter.

2. Permits shall be issued by the Health Authority on forms prescribed by the Department.

3. Permits shall only be issued to one permit holder, to one location, and to one type of operation.

4. Permits shall not be issued to separately owned food service operations which propose to utilize common food service equipment and facilities.

(b) Invalidation.

1. Permits shall expire upon change of permit holder, location, or type of operation. However, changes in food vending locations will not invalidate a mobile food service unit's permit or an extended food service unit permit so long as the new locations are within the jurisdiction of the permitting Health Authority.

2. Upon transfer of ownership of an existing food service establishment, the Health Authority may issue a Provisional Permit to correct noncompliant construction or equipment problems at the food service establishment after conducting an initial inspection if:

(i) The new owner has not significantly changed the menu, such as menu changes described in paragraphs (g)1., 2., and 3. of this subsection, and the establishment has not been extensively remodeled from the plans originally approved by the Health Authority for the previous ownership;

(ii) The food service establishment achieves satisfactory compliance with the provisions of this Chapter, and does not have an imminent health hazard that represents a threat to public health during the inspection; and,

(iii) The applicant meets the requirements set forth in paragraphs (c)1. and (c)2. of this subsection and DPH Rule 511-6-1-.02(3)(a).

3. A Provisional Permit shall expire 60 days after issuance, unless suspended or revoked, and shall not be renewed. The Provisional permit holder shall correct all non-compliant construction or equipment problems identified prior to the Health Authority issuing a food service permit.

(c) Satisfactory Compliance.

1. To qualify for a permit, an applicant shall:

(i) Be an owner of the food service establishment or an officer of the legal ownership;

(ii) Agree to allow the Health Authority access to the food service establishment; and

(iii) Provide required information and pay all applicable fees at the time the application is submitted.

2. Prior to the issuance of the permit to new or existing establishments, the applicant shall provide evidence of satisfactory compliance with the provisions of this Chapter and all other provisions of laws that apply to the location, construction and maintenance of food service establishments and the safety of persons therein.

(d) Displaying the Inspection Report.

1. The most current inspection report shall be prominently displayed in public view at all times, within fifteen feet of the front or primary public door and between five feet and seven feet from the floor and in an area where it can be read at a distance of one foot away.

2. Food service establishments with drive-thru windows will post the current inspection report, and also have the inspection report posted so that a minimum of the top one-third of a copy of the current inspection report is visible through each window allowing customers to easily read the score, date of inspection and establishment information.

3. At food service establishments with no primary or public door, the current inspection report shall be prominently displayed at all times where the documents can be read by the public from a distance of one foot away. If requirements of this paragraph are not possible because of physical restrictions, a location will be determined as approved by the Health Authority.

4. The most current inspection report for mobile food service units and extended food service units issued by the local Health Authority having jurisdiction for its inspections shall be prominently displayed in public view during all hours of operation. Such inspection reports shall be prominently displayed at the point of service where the documents can be read by the public from a distance of one foot away.

5. A food service establishment inspection report addendum need not be displayed but shall be made available by the food service establishment to the public upon request.

(e) Property. The permit shall be returned within seven days to the local Health Authority when the food service establishment ceases to operate, has a change in ownership, is moved to another location or when the permit is revoked.

(f) Responsibilities of the Permit Holder. The permit holder shall:

1. Post the permit as specified in DPH Rule 511-6-1-.02(1)(d);

2. Comply with the provisions of this Chapter including the conditions of a granted variance as specified under DPH Rule 511-6-1-.10(5)(a), and approved plans as specified under subsection (6)(b) of this Rule;

3. If a food service establishment is required under DPH Rule 511-6-1-.02(7) to operate under a HACCP plan, comply with the plan as specified under DPH Rule 511-6-1-.10(8);

4. Immediately contact the Health Authority to report an illness of a food employee or conditional employee as specified under DPH Rule 511-6-1-.03(4)(b);

5. Immediately discontinue operations and notify the Health Authority if an imminent health hazard may exist as specified under DPH Rule 511-6-1-.03(2)(p);

6. Allow representatives of the Health Authority access to the food service establishment as specified under DPH Rule 511-6-1-.10(2)(d);

7. As required within DPH Rule 511-6-1-.08(1)(i)1., maintain and provide to the Health Authority, a current listing of all food vending locations for mobile food service units and extended food service units for the purpose of enabling representatives of the Health Authority access to these units for inspection as specified in DPH Rule 511-6-1-.10(2)(d);

8. Replace existing facilities and equipment with facilities and equipment that comply with this Chapter if:

(i) The Health Authority directs the replacement because the facilities and equipment constitute a public health hazard or nuisance, or because they no longer comply with the criteria upon which the facilities and equipment were accepted;

(ii) The Health Authority directs the replacement of the facilities and equipment because of a change of ownership, if existing equipment cannot meet the following criteria:

(I) Equipment must be capable of being maintained in state of good repair and satisfactorily function for its intended purpose according to requirements of this Chapter;

(II) Equipment must be capable of being maintained in a sanitary condition as required by this Chapter; and

(III) Food-contact surfaces of equipment must remain nontoxic as required by this Chapter.

(iii) The facilities and equipment are replaced in the normal course of operation;

9. Comply with directives of the Health Authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the Health Authority; and

10. Accept notices issued and served by the Health Authority according to law.

(g) Notification of Menu Change. The Health Authority must be notified prior to adding any food item to the menu that:

1. Requires the installation of equipment or structural modification of the food service establishment;

2. Involves a food preparation process, which may consist of cooking, cooling or reheating food, that was not performed in the establishment prior to the menu change; or

3. Poses a health risk to consumers because it is a raw animal food served raw or undercooked.

(2) Mobile Food Service Unit. A food service permit will be issued to a mobile food service establishment in the county of origin where the base of operation is located. A separate "Mobile Food Service Unit Permit" will be issued for each mobile food service unit in the county of origin.

(a) Mobile food service units shall not operate as separate and independent entities apart from the authority of the active managerial control of the permit holder for its base of operation.

(b) Requirements. Mobile food service units operating in conjunction with a restaurant shall operate from a base of operation that meets the following:

1. A restaurant shall have a separate food service permit from the base of operation permit. A restaurant's fixed food service permit shall not serve as the base of operation permit for the mobile food service unit.

2. The following permits shall be required prior to mobile food service units operating in conjunction with a restaurant base of operation:

(i) A fixed food service permit for restaurant operations; and

(ii) A base of operation permit for mobile food service unit(s); and

(iii) Permit for mobile food service unit(s).

(3) Application for a Permit.

(a) Requirements. The management of the food service establishment, including a mobile food service unit in the county of origin and an extended foodservice unit, shall submit to the local Health Authority an application for a permit at least ten business days prior to the anticipated date of opening and commencement of the operation of the food service establishment, mobile food service unit, or extended food service unit.

(b) Contents of the Application. The application shall include:

1. The name, birth date, mailing address, telephone number, and signature of the person applying for the permit and the name, mailing address, and location of the food service establishment;

2. Information specifying whether the food service establishment is owned by an association, corporation, individual, partnership, or other legal entity;

3. A statement specifying whether the food service establishment:

(i) Is mobile or stationary and temporary or permanent, and

(ii) Is an operation that includes one or more of the following:

(I) Prepares, offers for sale, or serves time /temperature control for safety food:

I. Only to order upon a consumer's request,

II. In advance in quantities based on projected consumer demand and discards food that is not sold or served at an approved frequency,

III. Using time as the public health control as specified under DPH Rule 511-6-1-.04(6)(i), or

IV. Using a process or activity that may require a HACCP plan as specified under DPH Rule 511-6-1-.02(7).

(II) Prepares time/temperature control for safety food in advance using a food preparation method that involves two or more steps, such as combining time/temperature control for safety food ingredients, cooking, cooling, reheating, hot or cold holding, freezing, or thawing;

(III) Prepares food as specified under paragraph 3.(ii)(II) of this subsection for delivery to and consumption at a location off the premises of the food service establishment where it is prepared;

(IV) Prepares food as specified under paragraph 3.(ii)(II) of this subsection for service to a highly susceptible population;

(V) Prepares only food that is not time/temperature control for safety food; or

(VI) Does not prepare, but offers for sale only prepackaged food that is not time/temperature control for safety food;

4. The name, title, address, and telephone number of the person directly responsible for the management of the food service establishment;

5. The name, title, address, and telephone number of the person who functions as the immediate supervisor of the person specified under paragraph 4. of this subsection such as the zone, district, or regional supervisor;

6. The names, titles, and addresses of:

(i) All persons who share legal ownership as specified under paragraph 2. of this subsection including owners, shareholders, members, or partners, and

(ii) The local resident agent if one is required based on the type of legal ownership;

7. A statement signed by the applicant that:

(i) Attests to the accuracy of the information provided in the application, and

(ii) Affirms that the applicant will:

(I) Comply with this Chapter, and

(II) Allow the Health Authority access to the establishment as specified under DPH Rule 511-6-1-.10(2)(d) and to the records specified under DPH Rule 511-6-1-.04(3)(k) and DPH Rule 511-6-1-.06(2)(q) and DPH Rule 511-6-1-.02(8)(e)7.; and

8. Other information required by the Health Authority.

(c) Duplicate Forms. The application shall be prepared in duplicate on forms provided by the Department. The original shall be forwarded to the local Health Authority and the copy retained by the management.

(d) Dates of Operation for Temporary Food Service Establishments. The application for a temporary food service establishment shall show the start and end dates of the proposed operation.

(e) Schedule of Vending Locations for Permitted Mobile Food Service Establishments. The completed application for a mobile food service establishment in the county of origin shall include a schedule of locations and times where the mobile food service unit(s) will be parked and operated. The completed application for each mobile food service unit permit will include the schedule of locations where the individual unit will be parked and operated. It will be the responsibility of the permit holder to update the Health Authority when a change in schedule is made as specified within paragraph (1)(f)7. of this subsection.

(f) Schedule of Vending Locations for Mobile Food Service Establishments with an "Authorization to Operate". The completed application for authorization to operate outside the county of origin shall include a schedule of locations and times where the mobile food service unit(s) will be parked and operated. The completed application for mobile food service unit(s) will include the schedule of locations where the individual unit will be parked and operated. It will be the responsibility of the permit holder to update the Health Authority when a change in schedule is made as specified within paragraph (1)(f)7. of this subsection.

(g) Schedule of County Locations for Mobile Food Service Establishments with an "Authorization to Operate". The completed application for authorization to operate outside the county of origin shall include a listing of any other counties where the mobile food service establishment intends to operate. The listing 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 Health Authority, but an electronic format shall be available.

(4) Authorization to Operate Permitted Mobile Food Service Units Outside the County of Origin.

(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. 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.

(i) 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.

(ii) Upon verification that the permit is in good standing and there are not public health or safety concerns, a county board of health 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.

(5) Refusal to Recognize a Mobile Food Service Establishment. An outside county may refuse to recognize a mobile food service establishment's permit if the base of operation or mobile food service unit permit is not from another county in this state, if the base of operation or mobile food service 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.

(6) When Plans Are Required.

(a) Approval of Plans. Properly prepared plans to scale and specifications must be submitted for review and approval when a food service establishment is constructed or extensively remodeled, or when an existing structure is converted to use as a food service establishment.^Pf

(b) Submission of Plans. The plans and specifications shall be submitted to the Health Authority of the county in which the food service establishment will be constructed at least fourteen business days prior to beginning construction. The plans shall indicate the proposed menu, floor plan layout, arrangement of equipment, mechanical plans, construction materials and finish schedule, the type and model of proposed fixed equipment and facilities and the anticipated service volume per day.

(c) Review of Plans and Specifications. Plans and specifications shall be reviewed as per guidance provided within the most current version of the "Food Service Establishment Manual for Design, Installation and Construction" referenced within subsection (7) of this Rule.

(7) When a HACCP Plan is Required.

(a) Before engaging in an activity that requires a HACCP plan, a permit applicant or permit holder shall submit to the local Health Authority for joint review by the State Office of Environmental Health and the local Health Authority, a properly prepared HACCP plan as specified under DPH Rule 511-6-1-.02(8) and the relevant provisions of this Code if:

1. Submission of a HACCP plan is required according to the Chapter;

2. A variance is required as specified DPH Rule 511-6-1-.04(5)(a)4(iv), 511-6-1-.04(6)(j), or 511-6-1-.05(2)(v)2;

3. The local Health Authority determines that a food preparation or processing method requires a variance based on a plan submittal specified under DPH Rule 511-6-1-.02(4)(b), or an inspectional finding, or a variance request.

(b) Before engaging in reduced oxygen packaging without a variance as specified in DPH Rule 511-6-1-.04(6)(k), a permit applicant or permit holder shall submit a properly prepared HACCP plan to the Health Authority.

(8) Contents of a HACCP Plan. For a food establishment that is required under DPH Rule 511-6-1-.02(7)(a) and (b) to have a HACCP plan, the plan and specifications shall indicate:

(a) Establishment Information. General information such as the name of the permit holder, the food service establishment address, and contact information;

(b) Categorization of Foods. A categorization of the types of time/temperature control for safety foods that are to be controlled under the HACCP Plan;^Pf

(c) Flow Diagram. A flow diagram or chart for each specific food or category type that identifies each step in the process^Pf and the steps that are critical control points^Pf;

(d) Ingredients. The ingredients, recipes or formulations, materials and equipment used in the preparation of each specific food or category type and methods and procedural control measures that address the food safety concerns involved;^Pf

(e) Critical Control Points Summary. A critical control points summary for each specific food or category type that clearly identifies:

1. Each critical control point,^Pf

2. The significant HAZARDS for each critical control point,^Pf

3. The critical limits for each critical control point,^Pf

4. The method and frequency for monitoring and controlling each critical control point by the designated food employee or the person in charge,^Pf

5. Action to be taken by the designated food employee or person in charge if the critical limits for each critical control point are not met,^Pf

6. The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points,^Pf and

7. Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed;^Pf

(f) Supporting Documentation. Supporting documentation such as:

1. Food employee and supervisory training plan that addresses the food safety issues of concern; ^Pf

2. Copies of blank records forms that are necessary to implement the HACCP plan; ^Pf

3. Additional scientific data or other information, as required by the Health Authority, supporting the determination that food safety is not compromised by the proposal.^Pf

(g) Other Information. Any other information required by the Health Authority.

(9) Requirements - Permit Issued. For food service establishments that are required to submit plans as specified under paragraph (6) of this Rule, the Health Authority shall issue a permit to the applicant after:

(a) A properly completed application is submitted;

(b) The required fee is submitted;

(c) The required plans, specifications, and information are reviewed and approved; and

(d) A preoperational inspection shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is incompliance with this Chapter. In addition, it may be used to verify that existing construction meets the requirements of the Chapter during a change in permit holder.

(10) Interpretation of this Chapter. This Chapter shall be interpreted by the Department. Interpretations and guidance may be found in the current editions of the "Interpretation Manual for the Georgia Rules and Regulations for Food Service" and "Food Service Establishment Manual for Design, Installation and Construction".

Notes

Ga. Comp. R. & Regs. R. 511-6-1-.02

O.C.G.A. §§ 26-2-371-373, 379, 31-2A-6.

Original Rule entitled "Provisions" adopted. F. Oct. 9, 2015; eff. Oct. 29, 2015. Amended: F. Jan. 25, 2023; eff. Feb. 24, 2023, as specified by the Agency. Amended: F. Jan. 13, 2025; eff. Feb. 12, 2025, as specified by the Agency.