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Home My WebLink About941152.tiff AR241.11770 EMERGENCY ORDINANCE NO. 181 IN THE MATTER OF PRECAUTIONS TO BE USED BY FOOD HANDLERS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: 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, pursuant to the Weld County Home Rule Charter, the Board of County Commissioners acts as the Weld County Board of Health, and WHEREAS, pursuant to C.R.S. § 25-1-506(1)(b) and (c), the Weld County Health Department, through its health officer, has issued an order pertaining to the prevention of the spread of communicable disease and establishing measures necessary for the protection of the public health, and WHEREAS, the Weld County Board of County Commissioners, pursuant to C.R.S. § 25-1-507(1)(d), has authority to issue orders the Board may deem necessary for the proper exercise of the powers and duties vested in the County Department of Health, and WHEREAS, the Weld County Health Department has determined that a large number of food service workers may have been exposed to Hepatitis A, which causes a food-borne illness; as a result those workers may be infected with or be incubating the virus. The incubation period for those potentially exposed would end December 1, 1994. Specific measures to identify and passively immunize exposed food service workers will be insufficient to prevent further cases without the requirement of an order and this Ordinance, and WHEREAS, at a meeting of the managers, operators, and owners of food service establishments in Weld County, Colorado, with the Weld County Health Department on September 29, 1994, the industry expressed support for the imposition of what is commonly known as a "glove order", in a form similar to this Ordinance, to prevent any further spread of food-borne illness and to maintain the confidence of the public in the safety of food from food service establishments, and WHEREAS, immediate adoption of this Ordinance is imperative for the preservation of public health, safety, and welfare, as the time necessary to adopt this Ordinance under the normal process would delay the adoption of these preventative measures for an additional four to five weeks. NOW, THEREFORE, BE IT ORDAINED by the Weld County Board of Commissioners that: 1. Scope: This Ordinance applies to all restaurants, caterers, delicatessens, and retail food establishments (collectively known as "food establishments") in Weld County, Colorado. ORD181 2410770 B-1463 P-73 10/13/94 04:30P PG 1 OF 3 REC D0C Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00 941152 ORDINANCE NO. 181 PAGE 2 2. Precautions: A. Managers of food establishments shall actively reinforce proper hand washing techniques for food service workers. B. Gloves shall be donned or changed and hands shall be thoroughly washed with soap and warm water and dried on disposable towels before preparing foods, after toileting, and at any time gloves or hands may be contaminated by urine, feces, saliva, or mucous. C. All food service workers who touch or handle foods, ice, or condiments for drinks (such as fruit) shall wear impermeable gloves, use tongs, or use other suitable food handling utensils during food preparation. D. All food service workers who touch or handle cooked foods which will not be further cooked prior to serving shall wear impermeable gloves, use tongs, or use other suitable food handling utensils to handle such foods. E. All managers of food establishments shall exclude from work any food service worker experiencing abdominal, intestinal, or diarrhea) illness or jaundice until a physician certifies the worker is free of communicable disease. 3. Effective Date: This Ordinance shall be effective immediately and shall remain in effect until December 1, 1994, unless further extended. 4. Enforcement: Injunction A. This Ordinance may be enforced civilly by means of an injunction or nuisance action to enforce the terms of this order. B. Pursuant to C.R.S. § 25-1-514, it is a violation to wilfully violate, disobey, or disregard the provisions of this Ordinance and any person, association, or corporation, and the officers thereof, who violate any provision of the order may be found guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment in the County Jail for not more than one year, or by both such fine and imprisonment. In addition to such fine and imprisonment, he shall be liable for any expense in removing any cause of sickness. Conviction under the penalty provisions of this Ordinance or any other public health law shall not relieve any person from any civil action and damages that may exist for an injury resulting from any violation of the public health laws. ORD181 2410770 B-1463 P-73 10/13/94 04:30P PG 2 OF 3 94115? ORDINANCE NO. 181 PAGE 3 BE IT FURTHER ORDAINED by the Board that no portion of this Ordinance shall be deemed to have given rise to a duty of care on the part of Weld County or its public employees, as defined at C.R.S. § 24-10-103(4), where none otherwise existed nor shall any portion of this Ordinance be deemed to constitute a waiver of immunity by Weld County or its public employees. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. BE IT FURTHER ORDAINED by the Board that an emergency exists; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Article III, Section 3-14(6) of the Weld County Home Rule Charter. The above and foregoing Ordinance Number 181 was, on motion duly made and seconded, adopted by the following vote on the 5th day of October, A.D., 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: /00.44eiieutt WELD COUNTY, COLORADO Weld County 1e rd , � irman(/1 /.9 /r'LI .p j r BY: ! 4— v Depot( ' r' !`° rd Dale K Hall, Pro-T APPROVED AS TO FORM: /L/cac i :-712,2, G ge/Baxter / County Attorney Con ance L. Harbert (u° ,. icyeJ e-� Barbara J. Kirkmeyer Read and Approved: October 5, 1994 Published: October 13, 1994, in the Windsor Beacon Effective: October 5, 1994, through December 1, 1994 2410770 B-1463 P-73 10/13/94 04:30P PG 3 OF 3 ORD181 341152 I than $1,000 or by Imprison- ment in the County Jail for not more than one year,or by both '.such line and impMionmant -- 'In addition to such fins and pubic Ma Sett and wµ imprisonment, he shall be lerr r the erns neressery a liable for any expense n adapt it Ordinance inderte removing any cause of sick- IN THE P MAMA OR � on wake day. ness. Conviction under the w MAMA N SAUrp padoptiono of penally provisions of this FOOD RANDOM the adoption of these proven- Ordnance or any other public tstivs nseurea for an edtli- heath law erase not relieve any BE IT ORDAINED BY THE tlanalro«rorive weeks. person from any cinl action BOARD OF COUNTY CCM. NOW. THEREFORE, BE IT and damages that may exist AFFIDAVIT OF PUBLICATION MISSIONERS OF THE ORDAINED by the Weld for an Injury resulting from any COUNTY OF WELD, STATE County Board of violation of the public health OF COLORADO: Commissioners that laws. STATE OF COLORADO Board a Lamar This Ordinance BE IT FURTHER ORDAINED 4 Ss County Can.slulotrte a applies to all restaurants, by the Boardthat no portion shall ef COUNTY OF WELD Weld Cagy,Cebeds, punthis Ordinance be silent a , �Ina and caterers,od delicatessens, and deemed have given rise to a • the wad Canty Halle Rule f°"VOlyknown as'Modts t`b'ol- duty ofcare on the pu of I. ROGER A. LIP of said County of Weld, being duly Charter, M wasted with Si. IeyTwyr Weld ot, Weld County or its public t auto*a*imitating IlNmana� in County, employees, as defined at sworn,say that I am publisher of affairs of Wee Canty, Colorado. C.R.S.§24-10-103(4),ethers Colorado,and 2_ticaugODa:A.Menagerie of none otherwise existed nor WINDSOR BEACON food establishments shah shall any portion of Toi- m WHEREAS, pan to out actively reinforce proper hand Ordinance be r of to con- WHEREAS, Weld nty Cou Home Rule solute a wrier of immunity by Charter,the Beta a Cesehty washing techniques for food Weld County or its public a weekly newspaper having a general circulation in said Conwnwbners sea as tie 'air r"e" employees. County and State, published in the town of WINDSOR, in Web Cawty Baird a HM\ B.MONO shall be donned or BE IT FURTHER ORDAINED said County and State; and that the notice, of Which the al aalareed a q hands ahead be�{ wwee with sow by the Board, if any h, lion, annexed is a true copy, has been published in said weekly C.IL 2{fF1�sad Ste.subsection,e paragraph, sect- / successive weeks, that the notice was re con water 4-h/fined an tares,clause,or phrase of this for M we all Casty-He roar. arson Ordinance is for any reason published in the regular and entire issue of every number of Oyel�L*5105 SSdisposable � � hador decided tobeummnsti- MINK kr aasd en Deal s MU « tutorial, such decision span the paper during the period and time of publication, and h pelbMmp a Re firs Na and may be time OkNOeer not affect the validity of the , the newspaper proper and not in a.supplement, and that de egrd of carm molimba iff I feces, saliva, or remaining portions hereof. deem and eweteNnl Si byThe Board of County the first publication of said notice was in said paper bearing ear neaerary for Me pie- Mara"- Commissioners hereby the date of the - Wean of to plea IeoIR, declares that it would have06-1;4...t.4 "/ and C. All food service coo"we erred this ordinance In 1- � day of , A.D., 19CJ'7- and the who touch or handle roods, each end every sedan mw last publication bearing the date of the WHEREAS,to Weld Dewy.y. Ice, a condiments for drinks wdon,pare_ Board a County (suds as fruit) shall wee aaae and phrase thereof _day of A.D., 19_ and that Centilitre's, puts to knpermeeble gloves, use C.R.B.f n-l-w(TIfA nN roe or use other suitableneepeakeoflbefaadmary the said WINDSOR BEACON has been published sections.surer> nosey to ism win eel bad handling utensils during Para,aft afe�me"gr.pha continuously and uninterruptedly for the period of 5 Byrd may deem aeeeeay food preparation. clauses,or phrase night be consecutive weeks, in said County and .Sz.,i ;••nr to the f«she prop.r«da r 4-e' D. M fora service workers ' *dewed be be ancarawoeel- date of first Publication of said notice, and the same is a the County Old O�epeBR�Meeld es who touch or handle cooked or Mead. t Hadth,and beds with will not be name, newspaper within the meaning of an Act to regulate printing cooked prior to serving that BE IT FURTHER ORDAINED of legal notices and advertisements, approved May 18, WHEREAS,the wet wink war Impermeable gloves,use by the Board riot an °"w- 9 PP Hoer Department am dad. anEs, or use other suitable gam Sit theme, Si 1931,and all prior acts so far as in force. Oldham Is declared to be an mined that a large anon a bled handling utensils to hen- Emapaey Ordinance LIME food Nike MPS sty die such foods. the provisions of Article a, /� ` have been di a. Is Section 3-1Ne a the Wand j--4" toad-bHyades A,inert Oaaw a E.All managers oa botl seats- Horne Rue Charer 1Ns wre rsmay bea ease ailments shall exclude IronOeyb •,,," ISHER • MOSS workers may be Woofed work experiencing service worker The above and foregoing (,r/'�f6 _ user erlekwh9NryMvaa abdominal, Ordinance Number 181 was, miss'The eedMppn period 4-r a jaadke 4-B a ptdadeb en motion duly mnadsand we Subs bed and q � sworn to before me this/_day of try peireely eased sided.adopted by the fotew' IC,A'-4LGv-Pat-- 19 aid cod Desavibm I.Ht4. miles the MOW is kw a ing veer on the 5th day cf "JJ�� sea teaeaN a kW* communicable disease. October,A.D..1994. �/ D D J w .,freNar knnadxe ��£4 ✓�• //Zc,r_*n,.o east$bed eon workers 3. Fffacnvs Dar This WeldATTEST: nteltl a Warden J sB Be eatiSdet to Prevent Boar County clerk to the NOTARY PUBLIC Ordinance vn shall d be effective Byrd further yet without die immediately and shell remain requirement of an order and In effect until December 1, BY:Shelly K.Miller i tie Ordinance,and 1994,unless further extended. My commission expires 2- qg C!� , Deputy Clerk to the Board / WHEREAS, at a meeting of 4.Enterrement: APPROVED AS TO FORM: the managers,olm"""'M Bruce T.Barker owes of food On web- Injunction County Attorney In Weld County, Colorado, elm the Wild A. This Ordinance may be BOARD OF COUNTY COM- County Health aPembnant cn enforced civilly by means of an MISSIONERS WELD COUN- September 29. 1994. the Injunction or nuisance action to TV.COLORADO kiduNy WNW adpon for enforce the terms of this order. Me Imposition of what is corn- W.known as a 'glove W H.Webster,Chairman order,In a rose similar to this B. Pursuant to C.R.S. § ' Ordinance,to prevent any for- 25-1_ Dale K.Hall,Pro-Tem Her ep"al of food-bone isw $14,it is a violation to nets and to maintain the cod regardy violate,disobey,or sirs- George E.Baxter demos of the mile nteeae Ordinate the andpro any nys of ois of road from food NNice Ordinaace end person, Constance L.Harbert tyassociation, or corporation, eaadishmems,and end the officers thereof, who "era J.XiMmeyer violate any provision of the WHEREAS, kn edlats edop- order may be found guilty of a non of this Ordinance kinder- misdemeanor and,upon con-. Read and Approved:October See M die Pesawdon of v ction thereof, shall be pun- 5,1994 islied by a firs of not mere Effective: October 5, 1994, 941152 through December 1,1994 .. - Published a the Windsor Beacon on October 13,1994. Hello