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WHEREAS,

HOPI TRIBAL COUNCIL

RESOLUTION

H-050-2026

the Constitution and By-Laws of the Hopi Tribe, ARTICLE VI - POWERS OF

THE TRIBAL COUNCIL, SECTION 1 (a), authorizes the Hopi Tribal Council

"To represent and speak for the Hopi Tribe in all matters for the welfare of the

Tribe, ...."; and

the 2011 Hopit Potskwaniat sets forth direction in the area of Governance and

Health; and

the Food Service Ordinance No. 12 passed by Resolution H-190-89 has not been

updated in over 30 years; and

the Food Service Ordinance No. 12 adopts the most current edition of the United

States Food and Drug Administration (FDA) Food Code including all appendices

and annexes; and

the Office of Public Health Compliance was delegated by the Hopi Tribe

Department of Health and Human Services in Year 2000 to manage food safety

compliance through the inspection and regulation of food service operations to

prevent food borne illnesses on the Hopi reservation; and

the food service inspections conducted in collaboration and partnership with

Indian Health Service - Office of Environmental Health & Engineering (OEHE)

will contribute to the improvement of public health, sanitation, and the wellbeing

for residents by addressing high risk practices and conditions involving food

storage, preparation and service; and

the proposed Food Service Ordinance No. 12 revision has been presented to all

Hopi villages for public comment and input resulting in overwhelming support for

the revision of Food Service Ordinance No. 12; and

HOPI TRIBAL COUNCIL

RESOLUTION

H-050-2026

WHEREAS, _ the Hopi Tribe Department of Health and Human Services, in coordination with

the Office of Public Health Compliance, will generate revenue to support the

management and long-term sustainability of program services. This includes but

is not limited to the recruitment and hiring of qualified staff, which is essential to

the effective delivery and administration of services; and

WHEREAS, a special revolving account will be established within the tribal accounting system

for fees and fines collected through enforcement of Food Service Ordinance No.

12,

NOW THEREFORE BE IT RESOLVED the Hopi Tribal Council adopts the revised Food

Service Ordinance No. 12.

BE IT FURTHER RESOLVED that the Hopi Tribe Department of Health and Human Services,

and the Office of Public Health Compliance, shall ensure adherence to public

health standards outlined in Food Service Ordinance No. 12.

BE IT FINALLY RESOLVED that this resolution shall supersede and replace all prior

resolutions of the Hopi Tribal Council that are inconsistent, or in conflict with the

intent, purpose and provision of this Resolution.

HOPI TRIBAL COUNCIL

RESOLUTION

H-050-2026

CERTIFICATION

The Hopi Tribal Council duly adopted the foregoing Resolution on June 25, 2026, at a meeting

at which a quorum was present with a vote of _08 in favor, 01 opposed, 05 abstaining, (Vice-

Chairman presiding and not voting), pursuant to the authority vested in the Hopi Tribal Council

by ARTICLE VI-POWERS OF THE TRIBAL COUNCIL. SECTION l(a) of the Hopi Tribal

Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Tribe on October 24,

1936, and approved by the Secretary of Interior December 19, 1936, pursuant to Section 16 of the

Act of June 18, 1934. Said Resolution is effective as of the date of adoption and does not require

JA ft Lf Sr.

Mikah H. Kewanimptewa Sr.

Vice-Chairman

Hopi Tribal Council

Secretarial approval.

Dy uku,

5 ribal Secretary

Hopi Tribal Council

Food Service Ordinance No. 12

Contents

CHAPTER 1 - GENERAL PROVISIONS

Section 12.1.1 Purpose....

Section 12.1.2 Special Revolving ACCOUNE ........ssscssssesesssesessessneessnneeesseesesneeeeeeeesuesssausesaeeeeseeeseaeees 3

Section 12.1.3 Sovereign IMMUNIty .......ccccsesesceeesseeceseecseesssssesseseesseesseseecseseseaesesenecaeseecaesensaseenaeesseaeseaesenees 3

SECtiION 12:1:4, DEFINITIONS :sssccisssccrsscsscsssscecsaserseavsveaviensivasetunses seneavsinatsesenseastveneavsassreitedianatvetasssisavensienseent sibees 3

CHAPTER 2 - AUTHORITY & INTERPRETATION ........sssccessesessesessesucsesussesucsesueseesesessesesseaesusaesuesesneaceneaens 6

Section 12.2.1 AUthOrity wisisicsccseessscessccsevesrseecsareescceeseasreaasiarsensacsesonatovenssennsensivenssonscensesssesevesbeossees 6

Section 12.2.2 Adoption of the FDA Food Code ........:ccssscsessecesseseesseesenseseeeeeeensessueseseseseeneeseeseseeaeeees 7

CHAPTER 3 - FOOD SELLER REQUIREMENTS .........ssccssccsssesseestsessesseeeeeseeeseecseesusesseeneeeeeeneeseeseseeeeeesesnes 7

Section 12.3.1 Requirements of Private Home FOOd Sales........cccccccsessssseceeseesseeeesesssnsecesseesseeeseseseane 7

Section 12.3.2 Requirements of Food Establishments .........:scsssssssreesssreeseeeesseeeesseeesseesenseesenaeeeeneeeens 7

CHAPTER 4 - FOOD HANDLER & CERTIFIED FOOD MANAGER .........scsssesssesseeseseseeseeeseeesetseeseseseseerenes 10

Section 12.4.1 Food Handler Cards sssssissscccssssscccccssasasssssacssessseiaassaiissasasisasaassrseteateaame nineties 10

Section 12.4.2 Certified Food Managers Certificate ...........sscssessessessessesseesesenseesenseasesesecsesenseaseesens® 11

CHAPTER 5 - SANITATION PERMITS & CONSTRUCTION PLANS .......scsscsessesserssesesteatseceetersseesetsessneneees 41

Section 12.5.1 Required Permits & Responsibilities ...........:ccsscesesssessesesseseseeeeseesesseeeseseseseseseeesenee 11

Section 12.5.2 Permitting Process .........cssscccccesssssecceessesseeeeeessssessssscceeeceessscceeeeeesecseeeeeeseeeseeeeesnenes 13

Section 12.5.3 Renovations & Construction Plans.......ssssssesssessesesesssesesersesesesesesesesesessseeeseeseeeteeee 14

CHAPTER 6 - INSPECTIONS & COMPLIANCE

Section 12.6.1 Authority for Inspections..........ccsessecsssesssesseeseesseesseessseseseseesseseneesseesseeaeeeateesteeseeees 15

Section 12.6.2 Frequency Of INSpeCtiOns.........ccssccesscsesreceesssessesessesseseeesnssseeseeseseeseesesesseeeseseeseee 15

Section 12.6.3 Access to facility & reCOrds .......csscccesesesseeeesseceessesseeeceecaeseseesenesessecseacseeeeeeeseseaeees 15

Section 12.6.4 Inspection Process ...

Sectioti'12.6.5S'COmplian Ces scssssssssassascserssrecesssvessacvvccceenaaccceveansssanseseennsnenesuanesensnasmassasonouemnnieasnaeans 16

CHAPTER 7° ENFORCEMENT .sscsssscsssscsscccrscersesssscnccsscescerscevsvenvsssossossensccsevavexestscsnssevesnssvedscesctsdesseesas 17

Section 12.7.1 Regulatory Authority...........cssccessssesseceessseessecesseseesseecsseeeesseesensnseseeeeeneeessuesenseeseneees 17

Section 12.7.2 CONtABION ........ccsscccssseesseeecessecesseeeseeeesseceseeesseccesseeceeneeeeseeeseeeeeaeeceesueseseseeseeeeeneeT 17

Section 12.7.3 Condemnation of Food and Hold Orders........scsscesseesseeseecssesseeseeesscesseessesesesseesseeeees 18

Section 12.7.4 Warnings

Section 12.7.5 Suspension of Operations and/or Sanitation Permit.........ccccscccsccsseceseceseseeseeeteteeee 19

Section 12.7.6 Revocation of a Sanitation Perimit .........ccsscessessssssesesecssecsecssseesaeesesesssesesesseeeeceeesae 20

CHAPTER 8 - ADMINISTRATIVE APPEAL PROCESS

Section 12.8.1 Appeal Procedures ....c.ssscccsstesessecsssneessseessssesesseecsseeceeseeceeseeseeeseesaeeeseeeeeasesesseeeenees

Section 12.8.2 Tribal COUrt.......ccsccesssssesecesesssseseccesceeesseseeserseseseeeesececeeseeeeeeeeseeeeseeeseeseaseensenes 21

CHAPTER 9 - CIVIL ACTIONS, VIOLATIONS, AND PENALTIES..........::sccsssseesssesessecessrenseeeesseeesneeseeseeeeeans 21

Section 12.9.1 Citation. and Civil ActiONS'....00..csssssssessessssesseotsssssendestedsssessesesesessnevsnsseasenssussssscssaes 21

Section 12.9.2 Persons INjUred........ssccccsccesseceesceeseeseeseseeeeeesssseseeeeseeeseesseessaeesenneeseeesensesessaeeeeanees 21

Section 12.9.3 SErVice.....s.cceeseeessseeesteeesseeeeseteseeesseeeesseeesseecesaeeeseeeeseeeseeeecneeeseeeeesseaeenenaeeseaesenenes 22

Section 12.9.4 Citation Hearing ProceedingS..........scsssesssessessseesseesseesseesseesseseseessenessnsseseseseeseseeseees 22

Section'12.9:5 Civil Perialties .cccccccscccesecsecswerceessvecaissansesevecdteatentesssnacvnaarscansconssavsceasesssseeseeasvenevedss 22

Section 12:9.6 Punitive: Damages. ..scsssreressorerereesascearsnventsentaucestieccensssenesosascasetoenssesesseresssusentsess 23

Section 12.9.7 Remittance Of Fines .......sccsscessessseseeseesseeseeeeseseseseeeneseneeseesseesseseseseseseneceeeseeseeesnees 23

CHAPTER 10- SEVERABILITY CLAUSE. csssccssscsessesesssssssvancsinsccasssetssaassasazesscessnnsessssasaranensstassaaseaniaasesseees 24

Section 12.10.1 Severability ..........ccccessscsssssceesseeseeeessesceseeessseeeseseeeseeeseseeeenseseeseeseeseeeeeeeeeeneeseeaeens 24

Section 12.10.2 Conflict with Other Ordinances............esssscossrsersonsersessenssnsesconesnveseevensesssnsessesias 24

Section 12.10.3 Amendments

Section 12.10.4 Hopi Tewa Traditional FOOUS .........scssccssessssssessssseseseessesssesssseesseescesereesseesseeseeass 24

CHAPTER 1— GENERAL PROVISIONS

Section 12.1.1 Purpose

The purpose of this Ordinance is to safeguard public health and ensure that food is provided in

a safe, unadulterated, and reliably presented manner on the Hopi Reservation. It is to establish

reasonable rules and regulations for the sanitary and safe maintenance and operation of food

establishments on the Hopi Reservation.

Section 12.1.2 Special Revolving Account

(A) The Hopi Department of Health & Human Services — Office of Public Health

Compliance is charged with the issuance of food sanitation permits, food handler

cards, collecting fees/fines, and enforcing the provisions of this Ordinance.

An Ordinance 12 Account shall be established as a special revolving account, within the

tribal accounting system. The Tribal Treasurer shall set up an account for the fund and

administer the fund in accordance with the Hopi Tribe’s Fiscal Management Policies and

Procedures; the revolving account shall be established within six months of council approval

of the ordinance.

(B) Expenditures may be made from the Ordinance 12 Account in furtherance of this

Ordinance including, but not limited to purchasing equipment, implementing

activities/training, and hiring of personnel under this Ordinance.

shall have the authority to establish fees for food service establishment inspections

and permits, and any other fees provided for in the Ordinance. Such fee schedule

shall be made available to the residents of the Reservation and said fees shall be

reviewed annually by the Hopi Department of Health & Human Services/Office of

Public Health Compliance.

Section 12.1.3 Sovereign Immunity

Nothing in this Ordinance shall be deemed or construed to be a waiver of the sovereign

immunity of the Hopi Tribe, its officials, its entities, or its employees acting within their official

or individual capacities.

Section 12.1.4 Definitions

BUSINESS LICENSE: A document required by the Hopi Office of Revenue for establishments

operating businesses on the Hopi Reservation.

CERTIFIED FOOD MANAGER: Manager that meets the qualifications in Section(s) 2-102 of the

FDA Food Code.

COMMISSARY: A food establishment used for preparing, fabricating, packaging, and storage of

food or food products for distribution and sale through the food establishment’s own facility.

CONSUMER: A person who is a member of the public takes possession of food, does not

function in the capacity of an operator of the food establishment or food processing plant, and

does not offer the food for resale.

DHHS: The Hopi Tribe Department of Health & Human Services.

FOOD: A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or

intended for use in the sale in whole or in part for human consumption.

FOOD CODE or FDA FOOD CODE: The most current edition of the Food and Drug Administration

Model Food Code, any current appendices, and annexes.

FDA: The United States Food & Drug Administration.

FOOD DISTRIBUTION PROGRAMS: Program or foundation that provides food or food boxes to

members of the Hopi Community that can be delivered to a home or picked up by an individual

household from an established meeting site.

FOOD ESTABLISHMENT: Any operation that stores, prepares, packages, serves, vends, or

otherwise provides food for human consumption. Types of food service establishments include

but are not limited to restaurants, daycares, schools, jails, hospitals, senior center kitchens, gas

stations, grocery stores, food processing facilities, mobile food units, temporary food vendors,

warehouses, and commissaries.

FOOD HANDLER: Any person who handles, stores, transports, prepares, manufactures, serves,

or sells food, or who comes in contact with cooking or eating utensils or other equipment used

in the handling, preparation, manufacture, service, or sale of food.

FOOD HANDLER CARD: A card issued by a recognized health official or department to indicate

that an individual has successfully completed a food handler training course and passed an

approved examination on food safety practices.

FOOD PROCESSING PLANT: A commercial operation that manufactures, packages, labels, or

stores food for human consumption, and provides food for sale or distribution to other business

entities such as food processing plants or food establishments.

FOOD SERVICE APPLICATION: A form obtained from the Hopi Tribe Department of Health &

Human Services for the purpose of applying for a food sanitation permit.

HOLD ORDER: A document that prevents the removal or discard of food, deemed to be unfit for

sale or use, which cannot be removed or discarded from the facility until it has been authorized

by the Regulatory Authority.

IMMINENT HEALTH HAZARD: A significant threat or danger to health that is considered to exist

when there is sufficient evidence to show that a product, practice, circumstance, or event

creates a situation that requires immediate correction or cessation of operation of a food

establishment to prevent injury based on:

1. The number of potential injuries, and

2. The nature, severity, and duration of the anticipated injury.

INSPECTION OFFICIAL: The Indian Health Service Environmental Health Specialist or his/her

designee, or the Hopi Department of Health & Human Services Public Health Compliance

Officer or his/her designee.

MOBILE FOOD UNIT (MFU): A food establishment that is self-contained, except grills and

smokers, and is readily movable, which either operates at one location (but can be moved) or

returns to a home base of operation at the end of each day.

OFFICE OF THE REVENUE COMMISSION: A department of the Hopi Tribal government whose

main function is to ensure proper licensing of businesses operating on the Hopi reservation and

the collection of revenues and fees from such businesses. The department requirements are

enforced by the Hopi Tribe’s Chief Revenue Officer or his/her designee.

ORDINANCE 12 ACCOUNT: A special revolving account in the Tribal Treasury into which all fees,

proceeds, and fines collected pursuant to this ordinance shall be deposited and used for the

benefit and purposes of this Ordinance.

PEDDLER: A person who offers goods for sale within the boundaries of the Hopi Reservation but

does not do business from a fixed location or site on the reservation.

PEDDLER’S PERMIT: A card issued by the Office of the Revenue Commission which allows an

individual to sell tangible goods.

PERMIT HOLDER: Any person or entity who is legally responsible for the operation of the food

establishment by contract, agreement, or ownership.

PERSON: An association, a corporation, an individual, a partnership, or other legal entity,

government or governmental subdivision or agency.

PERSON IN CHARGE (PIC): The individual present at a food establishment who is responsible for

the operation of the establishment at the time of the inspection.

PRIORITY ITEM: Observations made during inspections that are categorized as “Priority” and

“Priority Foundation” as defined in the FDA Food Code. Failure to address these items may

contribute to increasing the risk of foodborne illness or injury (See FDA Food Code for additional

information).

POTENTIALLY HAZARDOUS FOOD: Any food that is natural or synthetic which consists in whole

or in part of milk or milk products, eggs, meat, poultry, rice, fish, shellfish, edible crustacean,

raw-seed sprouts, heat-treated vegetables and vegetable products and other ingredients in a

form capable of supporting rapid and progressive growth of infectious or toxigenic

microorganisms.

QUESTIONNAIRE: A form obtained from the Hopi Tribe Department of Health & Human

Services which describes logistical information related to a special event.

REGULATORY AUTHORITY: The Hopi Tribe Department of Health & Human Services Public

Health Compliance Officer, or his/her designee.

SELF-CONTAINED MOBILE FOOD UNIT: A food establishment that is a vehicle on wheels which

meets the same requirements as a permanent facility where all the food preparation is done on

the unit. Ata minimum, the unit must have mechanical hot and cold holding units, gas or

electric cooking equipment, water tanks, hand sinks, three compartment sinks, storage for all

food, single service items, and cleaning supplies.

SPECIAL EVENT: An “event or celebration” of significant occurrence or happening sponsored by

a church, civic, business, educational, government, community, or veterans’ organization and

may include athletic contests. Exempt from this definition are the traditional Hopi gatherings

held in the villages.

SANITATION PERMIT: A certificate issued by the Hopi Tribe Department of Health & Human

Services Public Health Compliance Officer, which allows for the sale and service of food to the

public.

SANITATION REGISTRATION: A letter issued by the Hopi Tribe Department of Health & Human

Services Public Health Compliance Officer which allows the Tribe to track who is selling food

without a sanitation permit.

TEMPORARY FOOD VENDOR: A food establishment that operates for no more than 14

consecutive days in conjunction with a single special event.

WAREHOUSE: A commercial operation that stores food for human consumption and provides

food for sale or distribution to other business entities such as food processing plants or food

establishments. Potentially hazardous as well as non-potentially hazardous food may be stored.

CHAPTER 2 - AUTHORITY & INTERPRETATION

Section 12.2.1 Authority

The authority for this Ordinance is Article VI, Powers of the Tribal Council Section 1(a), 1(g), and

1(l) of the Constitution and By-Laws of the Hopi Tribe. The Hopi Tribe Department of Health &

Human Services Director is hereby authorized to prepare and promulgate regulations

consistent with this Ordinance that are designed to carry out the purpose and previsions and to

assist in the administration and enforcement of this Ordinance.

In promulgating regulations, the Director shall consider accepted standards of health, hygiene,

sanitation, safety, and physical facilities management. Any regulations prepared by the Director

shall not become effective until they have been presented to and approved by the Tribal

Council. The Director may assess fees as appropriate to cover the administrative cost for

implementation of programs.

Section 12.2.2 Adoption of the FDA Food Code

The Hopi Tribe adopts the most current edition of the United States Food & Drug

Administration (FDA) Food Code (hereinafter referred to as “Food Code”) and all appendices

and annexes including such chapters, appendices, and annexes, as may hereafter be amended

from time to time. In the event of conflict or inconsistency between this Ordinance and the

Food Code, the provisions of this Ordinance shall control.

CHAPTER 3 - FOOD SELLER REQUIREMENTS

Section 12.3.1 Requirements of Private Home Food Sales

(A) Private Homes

Food may be prepared for sale in a private home provided that the person complies with

the following:

1. Acopy of current food handler card(s) shall be posted in a conspicuous place which

can easily be read by the customer.

2. Aneasily visible placard with one inch lettering is placed at the point of sale which

reads “This food was prepared in a kitchen that is not subject to inspection nor

sanitary permit by the Regulatory Authority” and can be read by the customer.

3. Food is sold on the same property it was prepared.

4. Acopy of the current peddler’s permit or business license and sanitation registration

letter shall be posted in a conspicuous place which can easily be read by the

customer.

5. Aprivate home may be subject to inspection upon receipt of a complaint.

(B) Bed and Breakfast

A Bed and Breakfast that has less than six (6) guest bedrooms, offers breakfast as the only

meal, and serves less than 18 guests, is exempt from a permit and annual inspection

provided that owner complies with all the requirements of Section 12.3.1(A) - Private

Homes. A Bed and Breakfast may be subject to inspection upon receipt of a complaint.

Section 12.3.2 Requirements of Food Establishments

Unless otherwise specified in this Ordinance, all food establishments must:

1. Possess a valid sanitation permit to operate.

Comply with the requirements of the Office of Revenue Commission (i.e., business

license or peddlers permit as required).

Have a Person-in-Charge (PIC) as identified in the Food Code.

Employ a Certified Food Manager as indicated in the Food Code.

Comply with the requirements identified in the Food Code.

(A) Mobile Food Units

Mobile Food Units shall be classified into four types. These units require a permit from

both the Office of Revenue and the DHHS and are subject to inspection at any time.

Classification is based on the potential food risk of the menu. A mobile food unit can serve

menu items within its classification number or below. For example, a Class 3 unit may sell

items allowed in Class 2 or Class 1 but shall not sell items allowed in Class 4.

Class 1— Non - Refrigerated Vending Units. These units can serve only intact, nonpotentially hazardous, commercially prepackaged food and drinks. No preparation or

assembly of food or drinks may take place in the unit. No food handler card or

sanitation permit is required; however, a sanitation registration is required.

Class 2 — Refrigerated or Hot Vending Units. These units serve potentially and non-

potentially hazardous commercially prepackaged foods. No preparation, assembly,

cooking or open packages of food or beverages on this unit are allowed. All hot or

cold holding units must have an accurate thermometer, and food must be labeled

with the date and time of preparation.

If the unit only sells food items prepared commercially. No sanitation

permit is required; however, a sanitation registration is required.

If the unit only sells food prepared in a permitted kitchen/restaurant,

then the PIC shall have a letter from the permitted kitchen verifying the

date, the food items, and the time the food was prepared. No sanitation

permit is required; however, a sanitation registration is required.

If the unit sells prepared and packaged food made in a private home,

then all food handler cards must be posted next to an easily visible

placard with one inch lettering place on the unit which reads “This food

was prepared in a kitchen that is not subject to inspection nor sanitation

permit by the Regulatory Authority” and can be read by the customer. No

sanitation permit is required; however, a sanitation registration is

required.

3. Class 3 - Limited Assembly. These units may serve potentially and non-potentially

hazardous packaged foods and unpackaged foods with limited assembly. Example:

pushcart operation such as a hotdog cart or taco stand.

a. All food handler cards must be posted in a conspicuous location that can

be read by the customer.

b. Pre-operational inspection is required to review the menu items and

processes. The facility is subject to the design requirements of a Class 3

unit, and the P/C may be required to have a Certified Food Managers

certificate.

4. Class 4— Onsite Assembly. These units can serve potentially and non-potentially

hazardous foods that are prepared, cooked, cooled, reheated, or assembled on the

unit using pre-cooked and/or raw products. Example: Self-Contained Mobile Food

Units usually with multiple menu items.

a. All food handler cards must be posted in a conspicuous location that can

be read by the customer.

b. Pre-operational inspection is required to review the menu items and

processes. Facility is subject to all the same requirements as a food

establishment under the Food Code.

(B) Temporary Food Vendors

Temporary Food Vendors can only operate for no more than fourteen (14) consecutive days

and must be in conjunction with a special event. All food handler cards must be posted. This

facility is subject to inspection and must comply with the applicable sections of the Food

Code.

1. All special events shall be subject to inspection at the discretion of the Regulatory

Authority.

2. The coordinator of a special event, where there are more than seven temporary food

vendors and/or mobile food units, shall notify the Regulatory Authority 30 days

before the event.

3. All special event coordinators shall complete the required event questionnaire and

shall supply all temporary food vendors and mobile food units with a temporary food

service application, which shall be completed and returned to the Regulatory

Authority ten (10) days prior to the event.

4. Events lasting longer than one calendar day shall have an identified source of

potable water and have a system in place to properly dispose of sewage, grease, and

solid waste. This shall include provisions for a sufficient number of handwashing

stations and portable toilets; such facilities shall be properly maintained throughout

the event.

(D) Food Processing Plants [RESERVED]

(E) Food Distribution Programs

While food distribution programs may not be inspected during delivery, any stored items

may be subject to inspection. Generally, food boxes are received at an individual’s own

risk. All programs shall have a sanitation registration letter posted during distribution. This

section may be amended in the future.

CHAPTER 4 - FOOD HANDLER & CERTIFIED FOOD MANAGER

Section 12.4.1 Food Handler Cards

(A)

(B)

(C)

Age Required

All persons aged twelve and above operating, employed by, or involved anyway in a private

home that sells food or in a food establishment (except Class 1 mobile food units) on the

Hopi Reservation are required to possess a valid food handler card, or Certified Food

Managers certificate.

Unlawful employment

It shall be unlawful for any person to employ or allow to remain employed in any type of

food establishment; a food handler who does not possess a valid Hopi food handler card or

Certified Food Managers certificate.

How to Obtain

A Hopi food handler card can be obtained after successfully completing a Food Handler’s

training class and passing the test; the card shall be valid for two years.

Outside Cards

A food handler card or certificate of training issued by another Tribe, Arizona County, other

governmental entity, through an accredited program, or the online Indian Health Service

Food Handler Training, may be accepted through reciprocity if the Regulatory Authority

determines that it reflects the requirements of the Food Code and this Ordinance. The

certificate or food handler card obtained through another Tribe, Arizona County, other

governmental entity, or online will need to be submitted to the Regulatory Authority to

obtain a Hopi food handler card. A Hopi food handler card will be issued and shall be valid

for two years from the date of issuance of the original card.

Fee

A fee will be charged for new and re-issued Hopi food handler cards by the Regulatory

Authority and will be deposited in the Ordinance 12 Account to support food safety.

(F)

(G)

(H)

Suspension

Each Hopi food handler card issued shall remain valid until the date of expiration or until

suspended or revoked by the Regulatory Authority for public health causes. A food handler

card accepted by reciprocity in the section above may also be suspended or revoked by the

Regulatory Authority for public health causes.

Non-transferable

A Hopi food handler card issued under this section shall not be transferred to or used by

any person other than the person to whom it was issued.

Visibility & Availability

A Hopi food handler card shall be produced by the food handler for inspection upon the

request of the /nspection Official and/or Regulatory Authority or posted in a visible

conspicuous location.

Section 12.4.2 Certified Food Managers Certificate

(A)

Certification required

It shall be unlawful for any person to operate a food establishment unless such person

currently employs a certified food manager to supervise the establishment’s food service

employees as identified in the Food Code.

(B) Posting required

The permit holder shall post in a conspicuous place in the food establishment, in letters not

less than one inch in size, the name of each certified food manager currently employed.

The following food establishments are exempt from the provision of this section:

1. Food establishments that exclusively serve, sell, or distribute non-potentially

hazardous prepackaged foods which are contained in securely sealed or wrapped

bottles, cans, cartons, or other similar containers.

2. Temporary food vendors at the discretion of the Regulatory Authority following a risk

assessment thereof.

3. Such other food establishments designated by the Regulatory Authority at his or her

discretion following a risk assessment thereof.

CHAPTER 5 — SANITATION PERMITS & CONSTRUCTION PLANS

Section 12.5.1 Required Permits & Responsibilities

Unless otherwise identified, a person may not operate a food establishment without a valid

sanitation permit issued by the Regulatory Authority verifying conformance with the current

Food Code and this Ordinance. Sanitation permits shall have an expiration date one year from

the date of issuance.

(A) Responsibilities of Sanitation Permit Holders

Upon acceptance of the Sanitation Permit issued, the Permit Holder shall:

‘lg

Post the permit in a conspicuous location in the food establishment that is visible to

consumer(s).

Comply with the provisions of this Ordinance including the conditions of any granted

waiver.

Immediately contact the Inspection Official and/or Regulatory Authority to report an

illness of the Permit Holder or employee as specified under Chapter 2 of the FDA

Food Code (i.e., Salmonella sp., Shigella, E. Coli, Hepatitis A, Norovirus).

Immediately discontinue operations and notify the /nspection Official and/or

Regulatory Authority if an Imminent Health Hazard exists. See Section 12.6.5(B) -

Ceasing Operations.

Notify the Regulatory Authority and/or Inspection Official upon receiving reports of

consumer(s) stating they developed illness from food sold by the food establishment.

Allow the /nspection Official and/or the Regulatory Authority access to the food

establishment.

Replace or upgrade existing facilities and equipment as directed by the Inspection

Official and/or Regulatory Authority.

Comply with directives of the Inspection Official and/or Regulatory Authority to

correct deficiencies within the specified timeframes.

Accept notices issued and served by the Regulatory Authority; and

10. Show proof of valid food handler cards for all employees.

(B) Exemptions

The following food establishments are exempt from the sanitation permit requirement:

Private Home where food is sold at the house,

Bed & Breakfast with less than 18 guests,

Class 1 and Class 2 mobile food units.

A permit fee schedule shall be developed and updated by the Hopi Department of Health &

Human Services/Office of Public Health Compliance. All fees will be deposited into the

Ordinance 12 Account.

Section 12.5.2 Permitting Process

(A) Pre-Requisite for Operation

A person may not operate a food establishment without a valid sanitation permit issued

under this Ordinance.

(B) Qualifications & Responsibilities

To qualify for a sanitation permit, an applicant shall:

1. Bean owner of the food establishment or a responsible party of the legal ownership;

and,

2. Comply with the requirements of the current Food Code and this Ordinance

Any person desiring to operate a food establishment shall submit an at-cost sanitation

permit application provided by the Regulatory Authority. Such application shall include the

name and address of each applicant, the location of the food establishment, a copy of the

proposed menu, and signature of each applicant.

(D) Issuance of Sanitation Permits

1. Prior to approval of an application for a Sanitation permit, the Inspection Official

shall inspect the proposed food establishment to determine compliance with the

requirements of this Ordinance and the current Food Code. Applicants should

contact the Regulatory Authority to coordinate pre-opening inspections.

2. Based on the recommendation of the /nspection Official, the Regulatory Authority

shall issue a sanitation permit to the applicant if the inspection reveals the proposed

food establishment complies with the requirements of this Ordinance and the Food

Code.

(E) Existing Establishment and Permit Renewal

1. The Inspection Official and/or the Regulatory Authority may renew a sanitation

permit for an existing food establishment or may issue a sanitation permit to a new

owner of an existing food establishment.

2. Sanitation permits may not be issued in instances where Priority Items remain out of

compliance following an inspection, and cessation of food service operations may be

necessary in some cases if appropriate safeguards are not implemented to eliminate

risk from the observed deficiency. A deadline within 14 days after the inspection to

address Priority items shall be agreed upon and documented by the /nspection

Official, the food establishment representative, and the Regulatory Authority. Upon

a follow-up inspection or submission of a completed corrective action plan

confirming the Priority Item deficiencies have been resolved, the Inspection Official

shall notify the Regulatory Authority, and a sanitation permit may be issued. Noncompliance of permit holders may result in a monetary penalty.

a. Within fourteen days, a follow-up survey will be conducted to assess for

outstanding Priority Item(s) observed during the routine food sanitation

survey. If the responsible party fails to address the Priority Item within

the specified timeframe of 14 days, a fee of $30.00 shall be imposed.

All subsequent follow-up surveys shall incur a follow-up survey fee. A

Priority Item fee shall be imposed after each follow-up survey if the

Priority Item is not addressed.

F) Permit Not Transferable

Any sanitation permit issued by the Regulatory Authority shall not be transferred from one

person to another person or from one food establishment to another.

SECTION 12.5.3 RENOVATIONS & CONSTRUCTION PLANS

(A) Plan Submission Required

1. No food establishment shall be constructed, extensively remodeled, or converted

except in accordance with plans and specifications reviewed by the Inspection

Official and approved by the Regulatory Authority.

2. Whenever a food establishment is constructed or extensively remodeled and

whenever an existing structure is converted to use as a food establishment, properly

prepared plans and specifications for such construction, remodeling, or conversion

shall be submitted to the /nspection Official for review and approval before

construction, remodeling, or conversion begins.

3. The plan and specifications shall indicate the proposed layout, arrangement,

mechanical plans, and construction materials of work areas, and the type and model

of proposed fixed equipment and facilities.

4. The Inspection Official shall review the plans and specifications and determine if

they meet the requirements of this Ordinance and the Food Code.

(B) Pre-Operational Inspection Required

Whenever plans and specifications are required by Section 12.5.3 (A) of this Ordinance to

be submitted to the /nspection Official, the Inspection Official shall inspect the food

establishment prior to the start of the operations to determine compliance with the

approved plans and specifications, and with the requirements of this Ordinance.

CHAPTER 6 — INSPECTIONS & COMPLIANCE

Section 12.6.1 Authority for Inspections

The Hopi Tribal Council delegates inspection authority of all food establishments on the Hopi

Reservation to the /nspection Official and/or the Regulatory Authority. The purpose of the

inspection shall be to evaluate food handling practices and general sanitation and make

recommendations in accordance with the Food Code and this Ordinance.

Section 12.6.2 Frequency of Inspections

Inspections shall be conducted of all permitted food establishments at least annually.

Additional inspections may be conducted if necessary and as warranted based upon risk.

Inspections of non-permitted facilities will be conducted as needed.

Section 12.6.3 Access to facility & records

The Inspection Official and Regulatory Authority shall be permitted to enter any food

establishment at any reasonable time for the purpose of inspection to determine conformance

with this Ordinance and the Food Code. The Inspection Official and Regulatory Authority shall

be permitted to examine the records of the food establishment to obtain information

pertaining to food and supplies purchased, received, or used.

Section 12.6.4 Inspection Process

(A) Type of Inspection

1. Pre-operational means the inspection of a new, converted, or remodeled food

establishment to verify that the food establishment is constructed and equipped in

accordance with the Food Code and this Ordinance. A pre-operational inspection

must be conducted prior to the issuance of a Sanitation permit.

2. Routine means an inspection of a food establishment to verify that the

establishment is in conformance with the Food Code and this Ordinance.

3. Follow-up means a re-inspection of a food establishment to verify that the

establishment has corrected the identified deficiencies noted in the routine

inspection or after a pre-operational inspection.

4. Complaint means an inspection of a food establishment following a written

complaint of the food establishment operation, products, or the facility.

(B) Inspection Report

1. An inspection report shall be completed following an inspection by the /nspection

Official. The inspection report will discuss any deficiencies identified.

2. The inspection report summarizes the requirements of the Food Code. The

inspection report shall be submitted to the Permit Holder, Regulatory Authority, the

person in charge of the establishment, the Office of Revenue Commission and other

appropriate agencies based on ownership and type of food establishment. The

inspection report shall state that failure to comply with any timelines for correction

may result in cessation of the food service operations.

3. The completed inspection report is a public document that shall be made available

for public disclosure by the Hopi Tribe’s Department of Health and Human Services.

Section 12.6.5 Compliance

(A) Correction of Deficiencies

The Inspection Official shall specify in the inspection report a reasonable time frame for the

correction of deficiencies, not to exceed ninety days.

(B) Ceasing Operations

A food establishment shall cease operations in accordance with the following provisions:

1. A Permit Holder shall immediately discontinue operations and notify the /nspection

Official and/or Regulatory Authority if an Imminent Health Hazard exists because of an

emergency such as a fire, flood, extended interruption of electrical or water service,

sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne

illness outbreak, gross unsanitary occurrence or condition, or other circumstances that

may endanger public health. The /nspection Official and the Regulatory Authority shall

have the authority to immediately close a food establishment if an imminent health

hazard exists and the Permit Holder has failed to cease operations.

A Permit Holder shall cease operation for failure to correct deficiencies within a

specified time frame. If a Permit Holder fails to demonstrate adequate progress in

correcting deficiencies at the follow-up inspection, the Inspection Official may

recommend to the Regulatory Authority that the food establishment be closed. The

Regulatory Authority in conjunction with the Inspection Official shall have the authority

to close the facility until the deficiencies are corrected. The permit holder need not

discontinue operations in an area of an establishment that is unaffected.

(D)

Whenever a food establishment is required under the provisions of Section 12.6.5(B) to

cease operations, the permit holder shall request a follow-up inspection and obtain

approval from the /nspection Official and/or the Regulatory Authority before resuming

operations. A follow-up inspection shall be completed within a reasonable time.

Waivers

The Inspection Official may grant a waiver of the requirements of the Food Code if, in the

opinion of the Inspection Official in conjunction with the Regulatory Authority, a health

hazard or nuisance shall not result from the waiver.

(F) Reporting Complaints

Consumer(s) are encouraged to report complaints relating to food establishments first to

the PIC of the food establishments. Afterwards, the Inspection Official, the Regulatory

Authority, and/or the Office of Revenue Commission may be contacted regarding

consumer(s) complaints.

CHAPTER 7 - Enforcement

Section 12.7.1 Regulatory Authority

(A) The Regulatory Authority and Inspection Official shall enforce the provisions of this

Ordinance and in that enforcement is vested with all powers relating to inspection,

sampling, condemnation, and embargoing of hazardous substances granted to it with

respect to this Ordinance.

(B) If any person shall violate directly or indirectly, through its officers or employees, any of the

provisions of this Ordinance or regulations promulgated hereunder, the Regulatory

Authority and Inspection Official may order the correction of the violation within a

reasonable period. Each violation may be subject to civil penalty, and every day it is in

violation may be considered a separate offense.

Section 12.7.2 Contagion

(A) On the recommendation of the /nspection Official that a food handler is likely to

communicate a contagious or infectious disease to patrons or handlers of a food

establishment, the Regulatory Authority may do any and all of the following:

1. Order suspension of a food sanitation permit.

2. Order the immediate exclusion of the food handler from all food establishments by notice

to those establishments.

3. Require medical examinations of the food handler and others with whom the worker

recently worked as a condition for their continued employment or re-employment.

(B) An order of exclusion of a food handler is effective upon notice. An order of exclusion shall

be in writing and is effective when personally delivered to the food handler or posted

conspicuously at a food establishment and shall be deemed effective with respect to the

food handler when posted conspicuously at his/her last place of food service employment.

petition for a medical evaluation.

(D) Upon notification to all parties, the food handler shall obtain a medical evaluation based on

the FDA B-1 form within 24 hours and provide documentation to the Regulatory Authority of

the results or cease and desist food operations until such time they can prove they are not

contagious and fit for food service.

(E) After 24 hours of notification to the food handler, the Regulatory Authority will follow up to

review the medical evaluation FDA B-1 form if completed. Medical evaluation

recommendations of food service restrictions must be adhered to.

(F) Non-compliance to this Section shall result in civil action.

Section 12.7.3 Condemnation of Food and Hold Orders

(A) On the recommendation of the /nspection Official, the Regulatory Authority may post a hold

order and destroy food which is contaminated or misbranded.

1. Examination and Condemnation

a. Food may be examined, sampled, or tested by the Regulatory Authority

and/or Inspection Official in order to determine its compliance with this

Ordinance and the Food Code. A hold order may be issued by the

Regulatory Authority and/or Inspection Official without prior warning on a

food that:

i. Originated from an unapproved source.

ii. May be unsafe, adulterated, or not reliably presented.

iii. Does not have a label according to law, or, if raw molluscan

shellfish, is not tagged or labeled according to law.

iv. Is not in compliance with this Ordinance and/or the FDA Food

Code.

b. The Regulatory Authority will provide written notice to the permit holder

or operator specifying the reason(s) for placing a hold order on any food

which he/she believes is in violation of this Ordinance and the Food Code.

The Regulatory Authority and/or Inspection Official shall tag, label, or

otherwise identify any food subject to a hold order. No food subject to a

hold order shall be used, served, or moved from its location.

(B) Any attempt by the owner, operator, or handlers of a food establishment to remove a hold

order from contaminated or misbranded food without the consent of the Regulatory Authority

may result in revocation of any existing permits.

after placarding, during an appeal under Chapter 8, or otherwise agreed upon by the

Regulatory Authority and the food establishment, unless it contains infectious or contagious

pathogens or other organisms and poses an immediate danger to public health and safety.

Section 12.7.4 Warnings

(A) On the recommendation of the /nspection Official following an inspection, the Regulatory

Authority may issue a written warning to the permit holder or food establishment, identifying

corrective actions that must be taken within a specified time to avoid permit suspension or

revocation.

(B) Notice of warning is effective when personally delivered to the permit holder, upon receipt by

certified mail by the permit holder, or when posted conspicuously at the food establishment.

corrective actions identified in a warning have been completed within the time specified, the

sanitation permit for the establishment will be suspended or revoked and the food

establishment may pursue the administrative appeal process under Chapter 8 of this

Ordinance.

Section 12.7.5 Suspension of Operations and/or Sanitation Permit

(A) The Regulatory Authority has the authority to suspend the sale of food in food

establishments that do not require a sanitation permit to operate in instances of immediate

and unavoidable danger to public health and safety or if a substantial hazard to public health

exists.

(B) The Regulatory Authority has the authority to suspend the sanitation permit of food

establishments in instances of immediate and unavoidable danger to public health and safety

or if a substantial hazard to public health exists.

an inspection or investigation, order the suspension of a sanitation permit or the sale of

food at once. An order of suspension is effective upon notice.

1. The Regulatory Authority has the authority to suspend a sanitation permit or the

sale of food without prior warning or to hold a hearing under the following

conditions:

a) The permit holder fails to comply with the requirements of this Ordinance

and/or the FDA Food Code; or

b) The operation of the food establishment constitutes a substantial hazard

to public health.

(D) An order of suspension shall be in writing and is effective when personally delivered to the

permit holder, upon receipt by certified mail by the permit holder, or when posted

conspicuously at the food establishment.

1. An order of suspension may be given by letter from the Regulatory Authority and will

include a written description of reasons for suspension, with a copy to the Office of

Revenue Commission. When a permit suspension is effective, operations affected by

the violation must cease. The Regulatory Authority and/or Inspection Official may

end the suspension at any time if the reasons for suspension no longer exist.

(E) A suspension remains in effect until the permit holder or establishment satisfies the /nspection

Official and/or the Regulatory Authority that adequate measures have been taken to correct

the conditions which resulted in the order.

(F) Examples of items that would cause a suspension would include but are not limited to the

following: fire, disease outbreak, water outage, sick employees, recall/contaminated food,

no handwashing, no dishwashing, sewer back up, significant pest infestation, structural

issues, other situations deemed as significant health hazards.

Section 12.7.6 Revocation of a Sanitation Permit

(A) The Regulatory Authority may revoke a sanitation permit for serious or repeated violations

of this Ordinance, which have not been corrected within five (5) business days of the order

of suspension. Prior to revocation, the Regulatory Authority shall notify, in writing, the

permit holder of the specific reason(s) for which the permit is to be revoked and that the

permit shall be revoked at the end of the five (5) business days following service of the

notice. The revocation of the permit becomes final.

(B) Notice

Notice provided for in this Ordinance shall be considered to be properly served if it is served

personally by the Regulatory Authority, Inspection Official, Office of Revenue Commission or

a person authorized to serve a civil citation to the permit holder of a food establishment or

the PIC of the facility at that time.

Whenever a permit is revoked, the holder of the revoked permit may make a written

application for a new permit after all violations have been corrected.

CHAPTER 8 - ADMINISTRATIVE APPEAL PROCESS

Section 12.8.1 Appeal Procedures

This Administrative Appeal Process is only applicable to action taken by the Regulatory

Authority under Chapter 3, 4, 5, 6, and 7 of this Ordinance.

(A) Food establishments, managers, and handlers who are denied a sanitation permit or food

handler card can request a one-time reconsideration by the Regulatory Authority of their

application upon a showing of good cause. A request for reconsideration shall be deemed

to have shown good cause if it:

1. Presents significant relevant information not previously considered by the

Regulatory Authority.

2. Demonstrates that significant changes have occurred in the factors or

circumstances considered by the Regulatory Authority in reaching its decision; or

3. Demonstrates that the Regulatory Authority failed to follow its adopted

procedures in reaching its decision.

(B) The decision of the Regulatory Authority to deny a sanitation permit or food handler card,

to revoke or suspend a permit, to issue a warning, to exclude a food service worker from

employment, or to seize contaminated or misbranded food may be appealed by filing a written

petition with the Regulatory Authority within ten (10) business days of notice of the decision,

or, in case of seizures, within ten (10) business days of the seizure.

or from a seizure of contaminated or misbranded food will be heard and determined within

seventy-two (72) hours. All other appeals will be heard and determined within ten (10)

business days. These times may be extended at the petitioner's request.

(D) Administrative appeal hearings under this Chapter are closed to the public. Legal counsel

may not be present at this hearing.

Section 12.8.2 Tribal Court

Food establishments, managers, and food handlers may appeal the decision of the

Administrative Appeal Process in the Tribal Court to redress the decision(s) made by the

Regulatory Authority limited only to the issues raised at the Administrative Appeal Process in

this Chapter. Food establishments, managers, operators and food handlers may not pursue

monetary damages and attorney, court, and litigation costs for suits arising from the

administrative appeal process. All evidence submitted during the Administrative Appeal

Hearing shall be disclosed to the Court by all parties involved in the lawsuit.

CHAPTER 9 - CIVIL ACTIONS, VIOLATIONS, AND PENALTIES

Section 12.9.1 Citation and Civil Actions

(A) The Regulatory Authority may issue civil citation to the person and/or establishment that is

in violation of any provisions under this Ordinance.

(B) The Regulatory Authority is authorized to commence a civil action for any appropriate relief

for a violation of this Ordinance, including, but not limited to, restitution, attorney’s fees,

litigation related costs, punitive damages, permanent or temporary injunction, and other

equitable relief.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.