{"id":"DUT-OK-016","kind":"duty","level":"state","jurisdiction":"Oklahoma","state":"OK","metro":"","industry":"","agency":"","eco":"","issuer":"Oklahoma State Department of Health (State Board of Health rules; Consumer Health Service)","authority":"63 O.S. 1-1118(C) (Commissioner to promulgate \u0027reasonable standards and rules for sanitation of establishments required to be licensed\u0027); 63 O.S. 1-106; Administrative Procedures Act, 75 O.S. 250 et seq.","instrument":"OAC 310:257 (Food Establishments), text effective Sept. 11, 2016 (OSDH \u0027unofficial version\u0027 edited Nov. 14, 2016)","title":"Oklahoma Administrative Code, Title 310, Chapter 257, Food Establishments","dateIssued":"2016-09-11","effective":"2016-09-11","end":"","startDate":"2016-09-11","endDate":"2021-09-10","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","EMP","CLOSE"],"addressees":["specified businesses: license holders and persons in charge of food establishments; food employees and conditional employees"],"clause":"a license holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard exists because of an emergency such as... onset of an apparent foodborne illness outbreak... or other circumstance as determined by the Commissioner of Health, or his designee, that shall endanger public health.","enforcement":"License action and closure under the chapter\u0027s compliance and enforcement provisions and 63 O.S. 1-1118 (operation without a license unlawful); 63 O.S. 1-1104 (read in the OSCN index, not saved) punishes violations of the food article","functions":[],"notes":"Every licensed food establishment (restaurants, bars serving food, grocery and convenience stores, institutional and hotel food service) was bound, before and throughout the pandemic, to a person-in-charge regime under which \u0027The person in charge shall ensure that a food employee who exhibits or reports a symptom, or who reports a diagnosed illness or a history of exposure... is: (1)... Excluded... or (2)... Restricted\u0027 (310:257-3-4(e)), to exclude symptomatic employees (310:257-3-5(a)), to keep unnecessary persons out of food areas and to require every person entering them to comply with the chapter (310:257-3-3), and to \u0027immediately discontinue operations\u0027 on an imminent health hazard, a category the rule leaves open to \u0027other circumstance as determined by the Commissioner of Health\u0027 (310:257-15-32(a)); the OSDH and Commerce COVID-19 protocols for restaurants and bars, the Governor\u0027s six-foot separation and 11 p.m. commands (Ex. OK-033, OK-034) and the city ordinances (Ex. OK-066, OK-080) operated on licensees already under these duties.","sourceUrl":"https://oklahoma.gov/content/dam/ok/en/health/health2/aem-documents/protective-health/consumer-health-services/20161114-oac-310-257-food-code-final-unofficial-version.pdf","snapshot":"http://web.archive.org/web/20211031070230/https://oklahoma.gov/content/dam/ok/en/health/health2/aem-documents/protective-health/consumer-health-services/20161114-oac-310-257-food-code-final-unofficial-version.pdf","fileExists":true,"fileBytes":1079057,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-OK","url":"/library/DUT-OK-016","exhibitUrl":"/exhibit/DUT-OK-016","citation":"Oklahoma State Department of Health (State Board of Health rules; Consumer Health Service), OAC 310:257 (Food Establishments), text effective Sept. 11, 2016 (OSDH \u0027unofficial version\u0027 edited Nov. 14, 2016) (Ex. DUT-OK-016)","stateName":"Oklahoma","related":["OK-033","OK-034","OK-066","OK-080","DUT-OK-018"]}