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Section 289.4101 – Food Establishment License; Scope.

289.4101 Food establishment license; scope. Sec. 4101. (1) Except as provided in sections 4102 and 4105, a person shall not operate a food establishment unless licensed by the department as a food establishment. (2) Separate areas for food service or preparation located in 1 building and actively operated under 1 management are considered to be […]

Section 289.4103 – Application for License; Submission; Forms; Information; Mobile Food Establishment License; Commissary Service; Forwarding Recommendations to Department; Temporary License.

289.4103 Application for license; submission; forms; information; mobile food establishment license; commissary service; forwarding recommendations to department; temporary license. Sec. 4103. (1) An applicant shall submit an application for a food establishment license at least 30 calendar days before the date planned for its opening or the change of ownership. For temporary food establishments applying […]

Section 289.4105 – Person, Establishment, or Organization Exempt From Licensure.

289.4105 Person, establishment, or organization exempt from licensure. Sec. 4105. (1) A person, establishment, or organization that is 1 or more of the following is exempt from the licensure requirements under this act: (a) Subject to subsection (2), an establishment licensed under 1 of the following acts while conducting activities within the scope of that […]

Section 289.4107 – Food Establishment License; Qualifications.

289.4107 Food establishment license; qualifications. Sec. 4107. To qualify for a food establishment license, an applicant shall do all of the following: (a) Submit an application as required by section 4103. (b) Be an owner of the food establishment or an officer of the legal entity owning the food establishment. (c) Comply with the requirements […]

Section 289.4109 – Expiration of License; Duration of Temporary License.

289.4109 Expiration of license; duration of temporary license. Sec. 4109. A license, other than a license for a temporary food service establishment, expires at midnight on April 30 each year. The department may issue a temporary food license for a period not to exceed 14 days. History: 2000, Act 92, Eff. Nov. 8, 2000 Compiler’s […]

Section 289.4113 – Late Fee; Imposition; Waiver; Retention; Use.

289.4113 Late fee; imposition; waiver; retention; use. Sec. 4113. (1) The department shall impose, for a renewal application postmarked or delivered in person on or after May 1 of each year, a late fee of an additional $150.00. The late fee for a new application submitted after the establishment has opened for business is an […]

Section 289.4114 – Shellfish Dealer; Certification Required.

289.4114 Shellfish dealer; certification required. Sec. 4114. (1) A person shall not act as a shellfish dealer unless the person has been certified as a shellfish dealer by the department. An application for shellfish dealer certification shall be submitted to the department on the forms approved by the department and shall contain the reasonable information […]

Section 289.4115 – Bottled Water; Registration of Brand; Expiration; Late Fee.

289.4115 Bottled water; registration of brand; expiration; late fee. Sec. 4115. (1) A water bottler or water dispensing machine owner shall register with the department each brand of bottled water with a unique declaration of identity before the sale or offering for sale of the water. The application for registration shall be made on a […]

Section 289.4116 – Receipt of Completed Application; Issuance of License Within Certain Time Period; “Completed Application” Defined.

289.4116 Receipt of completed application; issuance of license within certain time period; “completed application” defined. Sec. 4116. (1) Beginning July 23, 2004, and notwithstanding any other provision of this act, the department shall issue an initial license not later than 90 days after the applicant files a completed application and shall issue a renewal license […]

Section 289.4117 – Dairy and Food Safety Fund; Credit of Money Collected; Creation; Investment; Lapse; Administration; Consumer Food Safety Education Fund; Industry Food-Safety Education Fund; Creation; Use and Carrying Forward of Funds; “Fee-Exempt Food Establishment” Defined.

289.4117 Dairy and food safety fund; credit of money collected; creation; investment; lapse; administration; consumer food safety education fund; industry food-safety education fund; creation; use and carrying forward of funds; “fee-exempt food establishment” defined. Sec. 4117. (1) Except as provided in subsections (2) and (3), money collected under this chapter by the department shall be […]

Section 289.4119 – Posting and Display of License; “Conspicuous Place” Explained.

289.4119 Posting and display of license; “conspicuous place” explained. Sec. 4119. (1) Except as otherwise provided in subsection (2), a person licensed as a food establishment under this chapter shall keep a copy of the current license or temporary license furnished by the department posted and exposed in a conspicuous place for public inspection. A […]

Section 289.4121 – Changes Proposed by Food Establishment; Notice.

289.4121 Changes proposed by food establishment; notice. Sec. 4121. Thirty days before a food establishment proposes either of the following changes, a licensee shall notify the regulatory authority having jurisdiction of that proposed change: (a) A change in the type of license even if the change would not result in the change of the regulatory […]

Section 289.4123 – Transfer of License; Limitation.

289.4123 Transfer of license; limitation. Sec. 4123. (1) A food establishment license is not transferable as to the holder or the location. (2) A shellfish dealer certificate is not transferable as to the holder or to the location. (3) A bottled water registration is not transferable as to the holder or the location. History: 2000, […]

Section 289.4125 – Issuance of License; Requirements; Hearing; Revocation or Suspension of License; Period of Refusal to Issue or Reissue License; Summary Suspension.

289.4125 Issuance of license; requirements; hearing; revocation or suspension of license; period of refusal to issue or reissue license; summary suspension. Sec. 4125. (1) Before a food establishment license, bottled water registration, or shellfish dealer certificate is issued, the director shall determine if the applicant meets the minimum requirements of this act and rules. (2) […]

Section 289.4127 – Summary Suspension of License; Petition for Hearing; Commencement of Proceedings; Reinstatement.

289.4127 Summary suspension of license; petition for hearing; commencement of proceedings; reinstatement. Sec. 4127. (1) After the regulatory authority receives a petition for a hearing from a license, registration, or certificate holder whose license, registration, or certificate is summarily suspended under section 4125, the proceedings shall be promptly commenced and determined as required by section […]

Section 289.4129 – Denial of License or Registration; Hearing; Commencement; Conduct.

289.4129 Denial of license or registration; hearing; commencement; conduct. Sec. 4129. (1) A license, registration, or certificate applicant may request a hearing regarding the regulatory authority’s denial of a new or renewal license, registration, or certificate. A person desiring a hearing in response to a denial of a license, registration, or certificate shall submit a […]