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Ex. DUT-AR-015 Standing duty Primary source read

Rules Pertaining to Retail Food Establishments (effective September 7, 2019)

Arkansas State Board of Health Rules Pertaining to Retail Food Establishments, effective September 7, 2019

Arkansas State Board of Health / Arkansas Department of Health, Environmental Health Protection (Nathaniel Smith, M.D., Secretary of Health) · Arkansas (State)

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The record

Jurisdiction
Arkansas
Level
State
Authority
Ark. Code Ann. 20-7-101 through 20-7-130; 20-56-201 through 20-56-223; 20-57-201 through 20-57-208 (recited); Act 96 of 1913 and Act 357 of 1977
Issued
2019-09-07 Sept. 7, 2019
Effective
2019-09-07
End
standing through the quarters (superseded 2022-10-24) (read as 2022-10-24)
In force
Standing since Sept. 7, 2019 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureWorkplace rulesStanding dutyOperating condition
Addressees
  • specified businesses: every permitted retail food establishment (restaurants, bars serving food, institutional and retail food service)
Character
sanitary code duty
Collection
Standing duties: Arkansas DUT-AR

Operative words

the PERMIT HOLDER in order to retain the PERMIT shall:... (B) Comply with the provisions of THESE RULES AND REGULATIONS... (E) Immediately discontinue operations and notify the REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD may exist... (H) Comply with directives of the REGULATORY AUTHORITY... in response to community emergencies

Penalty

Permit suspension or revocation; cessation of operations for an imminent health hazard; administrative, civil, injunctive and criminal remedies authorized in law (including 20-7-101)

What it required

Makes compliance with the Department's rules and with its directives, orders, warnings and other directives 'in response to community emergencies' a condition of retaining a retail food establishment permit (8-304.11(B), (H)), requires a permit holder to discontinue operations immediately when an imminent health hazard may exist because of 'other circumstance that may endanger public health' and to obtain approval before resuming (8-404.11, 8-404.12), and subjects the permit holder to the administrative, civil, injunctive and criminal remedies authorized in law (8-304.11(J)).

Retrieval note

The ADH Directive on Resuming Restaurant Dine-in Operations (Ex. AR-051) refers to 'the Rules Pertaining to Retail Food Establishments' by name. The Department's closure of Brewski's Pub & Grub on July 4, 2020 (Ex. DUT-AR-016) invoked an imminent threat to public health.