Health department wants power to enforce food safety

~ The proposed ordinance would apply to restaurants, schools, hospitals, nursing homes, grocers and temporary food stands.

The Cape Girardeau County Health Department wants the county commission to pass new rules governing restaurants that will give it power to shut down dirty operators and require anyone handling food to take a two-hour course in food safety.

The proposed ordinance, which will be the subject of a public hearing before the commission Nov. 15, also includes a new permit fee based on the types of food and amount of preparation taking place at each eating establishment. Along with restaurants, the ordinance would apply to schools, hospitals, nursing homes, grocers and temporary food stands -- in all, about 400 food service locations.

A draft of the ordinance and accompanying rules were delivered to the county commission Oct. 11. All of the establishments inspected by the health department as part of their food safety program have also received notice of the public hearing.

The health agency wants the ordinance passed because it would enhance its ability to enforce food safety standards, said Amy Morris, an environmental public health specialist who worked extensively on the proposal. If an inspection indicates the need to close an eatery, or if the operator refuses to fix problems, taking action is up to state government, Morris said.

"We have authority but not enforcement," she said. "We have the authority to be in there. We have authority to write violations. And we have unlimited power of persuasion. I can tell you that you need to close. If you don't want to close, there is nothing I can do."

Fees and training

The fees for food establishments range from $60 for a temporary food stand to $270 for a grocery store with a deli, bakery, meat department, produce and seafood. Most restaurants serving food prepared from raw ingredients would pay $165 a year. Not-for-profit operations, including schools, hospitals, nursing homes and senior centers, would be exempt from the fee.

The food-worker training would cost $10 and certification would be valid for three years. All employees who work around food would be required to obtain the certification, including those already employed regardless of the length of time they have worked with food, Morris said. Anyone hired at a food establishment would have 45 days to obtain the certification. Managers would be required to have more extensive training.

Food-worker training will help combat common issues found during inspections, Morris said.

For example, a restaurant must have wash, rinse and sanitizer water ready for use. But if the sanitizer is too weak, it is ineffective, she said. If it is too strong, it can leave a toxic residue on dishes and flatware.

Another common type of mistake involves gloves. The gloves are for protection of the customers, Morris noted. A common complaint is that a worker will prepare some food, make a cash transaction and move on to the next customer without changing gloves, she said.

"When people put on gloves, they go into psychological behavior that they are protecting themselves," she said. "The mindset is not there that they are protecting the customer from their hands."

Area restaurant owners approve of the work of the health department, but some question the decision to shift costs currently paid from general tax funds to the eateries. The requirement for food-worker certification for current employees will be expensive, said Mark Dirnberger, owner of Bella Italia in Cape Girardeau and president of the Southeast Missouri chapter of the Missouri Restaurant Association.

Dirnberger also questions the need for the permit fees.

"I kind of find that hard to swallow," he said. "That is what my taxes go to. I feel I am paying already for that."

Getting certified

Dirnberger said he'll likely foot the bill for the training of his 40 employees. They could then switch jobs. And he's likely to not hire anyone who doesn't have the certification. Employees will also demand that they be paid for the two hours spent in the class, he said.

"It is the initial start-up that is going to hurt," he said.

The fees are expected to bring in about $40,000 annually to the health department, director Charlotte Craig said. The amounts are designed to cover the cost of inspection but do not generate a profit for the department, she said. The inspections are presently supported by money from the department's property-tax levy, Craig said.

The new fees would "relieve a little stress on the rest of the budget," Craig said. Funding cuts at the state level, she said, have reduced the department's revenue by about $70,000 a year because state lawmakers have preferred in recent years to put large sums into more politically popular areas such as schools. "We provide services very few people actually see," Craig said.

The new rules will be acceptable if they are impartially enforced, said Bill Zelmer, owner of Buffalo Wild Wings in Cape Girardeau.

Overall, the rules proposals "are fine so far," Zelmer said. "There are things to be addressed."

Zelmer said the fees are substantially lower than fees he pays for restaurants he owns in Illinois.

Another operator, Andy Hancock of the Gordonville Grill, said the rules could use some tweaking but that he's comfortable with most of the proposal.

For example, the health department only offers the food-worker class once a month at this time. Hancock was encouraged to hear that the frequency of the classes would be increased to accommodate the change from a voluntary to mandatory system.

"As an operator, one of our biggest concerns is serving the public safely, and that starts with educating your employees," Hancock said.

rkeller@semissourian.com

335-6611, extension 126