The COVID Project
The record
- Jurisdiction
- Oklahoma
- Level
- State
- Authority
- 63 O.S. 1-1118(C) (Commissioner to promulgate 'reasonable standards and rules for sanitation of establishments required to be licensed'); 63 O.S. 1-106; Administrative Procedures Act, 75 O.S. 250 et seq.
- Issued
- 2016-09-11 Sept. 11, 2016
- Effective
- 2016-09-11
- In force
- Sept. 11, 2016 to Sept. 10, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureWorkplace rulesStanding dutyOperating condition
- Addressees
- specified businesses: license holders and persons in charge of food establishments; food employees and conditional employees
- Character
- sanitary code duty
- Collection
- Standing duties: Oklahoma DUT-OK
Operative words
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.
Penalty
License action and closure under the chapter's 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
What it required
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 'The 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' (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 'immediately discontinue operations' on an imminent health hazard, a category the rule leaves open to 'other circumstance as determined by the Commissioner of Health' (310:257-15-32(a)); the OSDH and Commerce COVID-19 protocols for restaurants and bars, the Governor's 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.
Retrieval noteOSDH's own posting, marked 'Unofficial Version... Copied from Secretary of State website October 2016'; the official compilation is the Secretary of State's Oklahoma Administrative Code (rules.ok.gov), which was unavailable to the tools (HTTP 401/403).