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Ex. DUT-AL-008 Standing duty Primary source read

Ala. Admin. Code r. 420-3-22-.08

Food Establishment Sanitation -- Compliance and Enforcement (permit required; permit revocable for violation of the rules)

Alabama State Committee of Public Health, Bureau of Environmental Services (Alabama Department of Public Health) · Alabama (State)

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The record

Jurisdiction
Alabama
Level
State
Authority
Ala. Code §§ 22-2-2(6), 22-20-5 (recited)
Issued
1996-12-25 Dec. 25, 1996
Effective
standing (read as 1996-12-25)
End
standing (read as 2021-09-30)
In force
Standing since Dec. 25, 1996 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses (every food establishment: restaurants, bars serving food, retail food stores, institutional and mobile food service); owners or persons in control of such premises
Character
sanitary code duty
Collection
Standing duties: Alabama DUT-AL

Operative words

It shall be unlawful for any person to operate a food establishment in Alabama unless such person possesses a valid permit issued by the Health Officer for the operation of such establishment. Only persons who comply with the provisions of these rules shall be entitled to receive and retain such a permit.... The permit shall be revocable for violation of these rules.

Penalty

permit suspension or revocation; operation without a permit unlawful; civil penalty procedures under r..08(5)(b)

What it required

Every food establishment operates only under a health-officer permit conditioned on compliance with the sanitation rules (which adopt the FDA Food Code by reference); the permit is revocable for violation; refusal, suspension and revocation of a permit proceed under the Administrative Procedure Act (r..08(4)); the same county health officers enforced the restaurant paragraphs of the Safer at Home orders.

Retrieval note

Official text from the Alabama Legislature's administrative-code service (current text; the rule's operative permit language predates 2020 as the history line shows). Category 5 vehicle: the Safer at Home orders' restaurant conditions (party size of 8, six feet between tables, no self-service buffets or condiments, employee masks; Exs. AL-020, AL-024, AL-032) were operating conditions of a permitted establishment, enforceable by the permit power in addition to § 22-2-14 and, from July 15, 2020, § 31-9-22.