HB 347

Sponsor
Session
Regular Session 2018
Title
Mobile Co., co. commission authorize to exempt intermittent food service establishment from regulation by co. health dept. in association with regional celebration or tradition
Description

Relating to Mobile County; to establish the regulatory authority for the Mobile County Health Department to regulate intermittent food service establishments that prepare food in association with a temporary exempt event that is a regional celebration, tradition, or cultural event that is designated as such by Mobile County, if the intermittent food service establishment does not prepare, sell, or distribute food on a regular basis in its regular line of business.

View Original PDF: HB 347 - Introduced - PDF

Relating to Mobile County; to establish the regulatory authority for the Mobile County Health Department to regulate intermittent food service establishments that prepare food in association with a temporary exempt event that is a regional celebration, tradition, or cultural event that is designated as such by Mobile County, if the intermittent food service establishment does not prepare, sell, or distribute food on a regular basis in its regular line of business.

Section 1

For the purposes of this act, the following terms shall have the following meanings: (1) INTERMITTENT FOOD SERVICE ESTABLISHMENT. Any entity that has a physical address within Mobile County that does not prepare or serve food in its regular line of business but prepares and serves food on an intermittent basis for a period of time not to exceed three consecutive days per week. (2) TEMPORARY EXEMPT EVENT. A special occurrence or celebration that is community wide in conjunction with a local or regional celebration, tradition, or cultural event.

Section 2

(a) An intermittent food service establishment shall complete an online application on the Mobile County Health Department web page at no charge, not later than five business days prior to the event for an exemption of food service at a temporary exempt event. (b) The following information shall be provided in the online application to the Mobile County Health Department for any temporary exempt event: (1) The event site location. (2) The name of each food vendor. (3) A general description list of foods to be sold from each food vendor. (c) An exemption shall not be construed as allowing the sale of low acid foods in a hermetically sealed container, such as home-canned vegetables, when such food is not prepared in a permitted establishment. (d) Any operator of a temporary exempt event shall have a food handlers card issued by the Mobile County Health Department, a handwashing facility, and a plan for adequate garbage and waste containment. (e) An intermittent food service establishment may not be granted more than four exemptions in any calendar year, at a single, specified location in conjunction with a recurring temporary exempt event. (f) Other than as provided for in this section, the Mobile County Health Department shall not regulate an intermittent food service establishment that prepares food in association with a regional celebration, tradition, or cultural event, when approved by a local municipality as such, or in the case of an area not located in an incorporated area, when approved by the county commission, when the establishment does not prepare, sell, or distribute food on a regular basis or in its regular line of business.

Section 3

Notwithstanding Section 2, a church that is tax exempt and that conducts intermittent food sales for fund raisers, and not as an ongoing or continuous food sales operation, shall be exempt from the regulatory requirements of the Mobile County Health Department, provided that all such food sales are conducted on the premises of the church.

Section 4

Notwithstanding Section 2, food establishments, including bars that serve only beverages and ice, may boil whole crawfish, for public consumption, outside on the premises of the establishment. The permitted establishment shall be issued an exemption by the Mobile County Health Department when the requirements of subsections (b) and (d) are met.

Section 5

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 6, 2018HDelivered to Governor at 4:52 p.m. on March 6, 2018.
March 6, 2018HAssigned Act No. 2018-229.
March 6, 2018HClerk of the House Certification
March 6, 2018SSignature Requested
March 6, 2018HEnrolled
March 6, 2018HPassed Second House
March 6, 2018SMotion to Read a Third Time and Pass adopted Roll Call 598
March 6, 2018SThird Reading Passed
March 1, 2018SWhatley motion to Carry Over to the Call of the Chair adopted Voice Vote
March 1, 2018SThird Reading Carried Over to Call of the Chair
February 15, 2018SRead for the second time and placed on the calendar
February 13, 2018SRead for the first time and referred to the Senate committee on Local Legislation, Mobile County
February 13, 2018HMotion to Read a Third Time and Pass adopted Roll Call 287
February 13, 2018HThird Reading Passed
February 8, 2018HRead for the second time and placed on the calendar
February 1, 2018HRead for the first time and referred to the House of Representatives committee on Mobile County Legislation
2018-03-06
Chamber: Senate
Result: Passed
2018-02-13
Chamber: House
Result: Failed