HomeMy WebLinkAbout20042174.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING REGARDING FOOD
PROTECTION ACT AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Memorandum of Understanding regarding
the Food Protection Act between the County of Weld,State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Department of Public
Health and Environment, and the Colorado Department of Public Health and Environment,
commencing July 1, 2004, and ending June 30, 2009, with further terms and conditions being as
stated in said memorandum, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum, a
copy of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Memorandum of Understanding regarding the Food Protection Act
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment, and the Colorado Department of Public Health and Environment be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said memorandum.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of July, A.D., 2004, nunc pro tunc July 1, 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
lip( EXCUSED
Robert D. Masden, Chair
1861 �;�� •. .g.� r lerk to the Board
%e Q"k' /' / . William H. erke, Pro-Tem
y Clerk to the Board
M. . eile
APP DAST• : ccO
David E. Long
my Attorn-
EXCUSED
Glenn Vaad
Date of signature: S
2004-2174
H L0031
Memorandum
, . 1 TO: Robert D. Masden, Chair
Board of County Commissioners
"
From: Mark E. Wallace, MD, MPH, Director
• 1r
Department of PublicHeal�h and �� ��1� a Environment d+ts.el lC to ' t&
DATE: July 23, 2004 9
SUBJECT: MOU Regarding the Food Protection Act
Enclosed for Board review and approval is a Memorandum of Understanding between the
Colorado and Weld County Departments of Public Health and Environment concerning the
delegation of administration of the "Food Protection Act" to local health authorities.
The signing of this memorandum will enable WCDPHE to continue licensing retail food
establishments,hear complaints against licensees, conduct investigations, and review plans for
new establishments according to the Food Protection Act for the time period July 1, 2004
through June 30, 2009. WCDPHE will report data from the above listed tasks to CDPHE in the
format and frequency mutually agreed upon. The CDPHE will provide interpretation and
technical assistance relative to the Colorado Retail Food Establishment Rules and Regulations.
This will include training seminars for retail food inspectors, equipment and product reviews,
and program evaluation. CDPHE will also share state-wide data collected and disseminate
information relative to food safety to WCDPHE.
I recommend your approval of this memorandum of understanding.
Enc.
2004-2174
STATE OF COLORADO
Bill Owens,Governor
Douglas H.Benevento,Executive Director oF co<o
Dedicated to protecting and improving the health and environment of the people of Colorado Cl
4300 Cherry Creek Dr.S. Laboratory Services Division ,*fl
Denver,Colorado 80246-1530 8100 Lowry Blvd. " s "
Phone(303)692-2000 Denver,Colorado 80230-6928 1e7e
TDD Line(303)691-7700 (303)692-3090 Colorado Department
Located in Glendale,Colorado of Public Health
http://www.cdphe.state.co.us and Environment
MEMORANDUM OF UNDERSTANDING
between
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
and
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Concerning the delegation of the "Food Protection Act", C.R.S. §25-4-1604 (a), (c), (d), (e),
and (h) to local health authorities from the Colorado Department of Public Health &
Environment (CDPH&E), Consumer Protection Division (CPD), and the reporting of
information and other activities by local health authorities and CDPHE, CPD. Local health
authorities are defined pursuant to part 5, 6, or 7 of Article 1, Title 25, Colorado Revised
Statutes.
In regards to the delegation of the "Food Protection Act" the WELD COUNTY
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT agrees to:
1. Grant or refuse licenses and certificates of license pursuant to C.R.S. §25-4-
1606, or to suspend or revoke licenses and certificates of license pursuant to
C.R.S. § 25-4-1609.
2. Hear and determine all complaints against licensees or grantees of certificates
of license and to administer oaths and issue subpoenas to require the presence
of any person necessary to the determination of any such hearing.
3. Use and require compliance with the "Food Protection Act", C.R.S., 25-4-1601
et seq. the "Colorado Retail Food Establishment Rules and Regulations", 6
CCR 1010-2, and all other documents issued by the Colorado Department of
Public Health and Environment which are used to clarify interpretation of the
law, rules and regulations.
4. Enter retail food establishments during business hours and at other times
during which activity is evident to conduct inspections and other interventions
related to food safety and the protection of public health.
5. Review and approve HACCP plans submitted for evaluation to verify and
ensure that food handling risks are reduced to prevent foodborne illness
outbreaks.
In regards to the reporting of information and other activities, WELD COUNTY
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT agrees to:
1. Report in aggregate, in a mutually agreeable format to the Colorado
Department of Public Health & Environment, Consumer Protection Division,
for a calendar year, the number of inspections conducted, if critical items
identified on retail food establishment inspections were corrected, whether
the required inspection frequency was met, and the number of enforcement
actions taken to obtain compliance in retail food establishments. The required
inspection frequency is dependent upon which method is used as outlined in
section 11-201 of the "Colorado Retail Food Establishment Rules and
Regulations."
2. Have performance measures to assure that employees cite critical item
violations on retail food inspections and take the appropriate measures to
ensure that these violations are corrected. The performance measures used
are those developed and used by the individual local health agency.
3. Report the number of foodborne Illness complaints received and the number
of foodborne Illness outbreaks that occur in a mutually agreeable format and
frequency to the Colorado Department of Public Health & Environment,
Consumer Protection Division.
4. Have one employee, who meets the eligibility requirements; apply for retail
food establishment Standardization through the Colorado Department of
Public Health & Environment, Consumer Protection Division.
5. Report annually, in aggregate, the frequency of inspections conducted for
childcare centers and indicate whether the required inspection frequencies for
each program have been met, in a mutually agreeable format to the Colorado
Department of Public Health & Environment, Consumer Protection Division.
The Colorado Department of Public Health and Environment agrees to:
1. Provide statewide interpretation and technical assistance relative to the
"Colorado Retail Food Establishment Rules and Regulations" and food safety
and sanitation.
2. Provide standardization to local agency personnel.
3. Provide training seminars for retail food inspectors.
4. Provide equipment and product review, and other services necessary to
assure the uniform interpretation and application of the rules promulgated
under C.R.S. 25-4-1601, et seq.
5. Provide the format and frequency that has been mutually agreed upon with
local health agencies, needed to report the number of inspections conducted,
if critical items identified on retail food establishment inspections were
corrected, whether the required inspection frequencies were met, and the
number of enforcement actions taken to obtain compliance in retail food
establishments.
J:\Audit MOUs\Weld County Dept of Public Health and Environmentdoc 7
6. Provide the format and frequency that has been mutually agreed upon with
local health agencies, needed to report the number of foodborne illness
complaints received and the number of foodborne illness outbreaks that
occur.
7. Provide the format and the frequency that has been mutually agreed upon
with local health agencies, for reporting the number of inspections conducted
for child care centers and determine whether the required inspection
frequencies for the program have been met.
8. Disseminate information relative to food safety to local agencies, industry
organizations, academia, and others when necessary.
9. Share statewide the data collected from the Colorado Department of Public
Health and Environment and local agencies relative to this memorandum.
10. Conduct program evaluations, using the "Colorado Retail Food Program
Evaluation Protocol", of local health agencies and provide a report to the
agency evaluated.
11. Agree to perform items listed above, under local health agency agreements,
in counties served by the Consumer Protection Division.
12. Periodically review local programs for compliance with this agreement.
General Provisions
1. For the purpose of this agreement, no employee or person in the service of
the local health authority shall be or shall be deemed to be an employee, or in
the service of the Colorado Department of Public Health and Environment.
2. Either party shall have the right to terminate this agreement by giving the
other party thirty days notice by registered mail. If notice is so given, this
agreement shall terminate on the expiration of the thirty days.
3. This agreement shall expire five years from the date of issuance.
July 1, 2004 July 1, 2009
Date of Issuance Expiration Date
Doug Benevento, Executive Director Mark E. Wallace, M.D., M1 irector
.n omen, Board of County Commissioners
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J:\Audit MOUs\Weld County Dept of Public Environment.doc 3
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