Enforcement

 The Environmental Health Division of the Barry-Eaton District Health Department has the regulatory authority to impose administrative and judicial actions as necessary on non-compliant food service establishments to gain compliance with the statutory requirements of the Michigan Food Law of 2000.

Following is a list of the various enforcement actions available to the Environmental Health Division for assuring compliance with the Food Law:  

Office Conference

Office conferences are normally conducted with the person-in-charge (owner or manager) when critical violations (violations that pose an increased risk for a foodborne illness to occur) are found not corrected at the time of a follow-up inspection.  

Informal Hearing

Informal hearings are often of a more serious nature, where there are either numerous critical and/or non-critical violations, a repeat history of critical or chronic problems within the facility, or an environmental health hazard in need of prompt attention.   

Formal Hearing

Formal hearings are public proceedings in which the food service operator and the Environmental Health Division both present evidence to a hearing board regarding the situation at hand.  The hearing board's decision may result in license suspension, limitation, revocation, or full reinstatement.     

License Suspension Orders

A food service establishment can be immediately ordered to cease from operating if it is found that continued operation would create an imminent or substantial hazard to the public's health.  Once a license is suspended, it shall remain suspended until either the conditions responsible for the order to cease operations no longer exist, or a hearing determines that the suspension order is no longer justified.   

License Limitations Orders

A food service establishment can be immediately ordered to limit its scope of operations to protect the public's health.  License limitations may be imposed based upon problems with any of the following:  the site, facility, sewage disposal system, equipment, and water supply; the food supplies, protection, storage, preparation, display, and service; the menu, employee health, hygiene, and food service practices.  License limitations shall remain in effect until the hazardous conditions no longer exist or the hearing board or regulatory authority determines that the limitation order is no longer necessary.

 Food Seizure or Destruction Orders

Any food offered for sale or consumption that is believed to be adulterated, beyond the date of consumption, or otherwise determined to be dangerous to the public's health may be seized, held from use, or ordered destroyed by the Environmental Health Division.

 Stop Work Orders

When subject to plan review, a stop work order may be imposed upon a construction project until a review of the project has been completed and approved by the Environmental Health Division.

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