Record #: O2015-6423   
Type: Ordinance Status: Passed
Intro date: 9/24/2015 Current Controlling Legislative Body: Committee on Health and Environmental Protection
Final action: 5/18/2016
Title: Amendment of Municipal Code Section 7-42-035 regarding establishment of self-certification program for low-risk food establishments
Sponsors: Emanuel, Rahm
Topic: MUNICIPAL CODE AMENDMENTS - Title 7 - Health & Safety - Ch. 42 Food Establishments-Inspections, Violations & Hearing Procedures
Attachments: 1. O2015-6423.pdf

OFFICE  OF THE MAYOR

CITY OF CHICAGO

RAHM EMANUEL

MAYOR

 

September 24, 2015

 

 

 

 

 

 

 

 

 

 

TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO

 

 

Ladies and Gentlemen:

 

At the request of the Commissioner of Public Health, I transmit herewith an ordinance amending Chapter 7-42 of the Municipal Code regarding self-inspections by low-risk food establishments.

 

Your favorable consideration of this ordinance will be appreciated.

Mayor

 

Very truly yours,

 

ORDINANCE

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

 

 

SECTION 1. Chapter 7-42 of the Municipal Code of Chicago is hereby amended by adding a new Section 7-42-015, and amending Sections 7-42-010 and 7-42-035 by deleting the struck-through text and inserting the underscored text, as follows:

 

7-42-015 Low-risk food establishments self-certification.

(a) As a programmatic alternative to conducting its own inspections as provided in Section 7-42-010 of this Code, the commissioner of health is authorized to require licensed low-risk food establishments to self-certify compliance with this code and the rules and regulations of the department of health.

 

 

(b) If the commissioner implements a self-certification program, all low-risk food establishments shall submit one self-inspection report every two years to the department of health to demonstrate compliance. An establishment's failure to submit a complete and accurate report required by this section within the timeframes established by the commissioner shall subject the establishment's license to immediate suspension as provided in Section 7-42-035.

 

 

(c) The department of health is authorized: (i) to develop forms and protocols to administer this section, (ii) to define, consistent with 77 III. Adm. Code Part 615, what constitutes a "low-risk food establishment," and (iii) to adopt other rules and regulations as may be necessary or useful for the proper administration and enforcement of this section.

7-42-010 Inspections.

For the purposes of Sections 7-42-010, 7 42 015 and Section 7-42-020, the word "owner" shall include the owner, operator, licensee or person in charge of any food establishment or vehicles used for the storage, transportation or vending of foods, subject to the provisions of Chapter 4-8.

 

(omitted text is unaffected by this ordinance)

 

 

7-42-035  License suspension.

Whenever an inspection indicates that the conditions in the food establishment create an imminent hazard to the public health, the license of the food establishment shall be immediately suspended, including whenever an inspection indicates that a critical violation exists which is not capable of being corrected prior to the conclusion of the inspection.

 

If an establishment fails to submit a complete and accurate self-inspection report within the timeframes established by the commissioner, that establishment's license shall be subject to immediate suspension pending resolution of the failure to the commissioner's satisfaction.

 

 

SECTION 2. This ordinance shall be in full force and effect upon its passage and approval.