Prairie Island Indian Community

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Food Service Ordinance 1

Table of Contents

Section 1.

Short Title. ............................................................................................................1

Section 2.

Statement of Purpose, Findings, and Authority....................................................1

Section 3.

Definitions. ...........................................................................................................1

Section 4.

Applicability. ........................................................................................................3

Section 5.

Food Service Permits. ...........................................................................................3

Section 6.

Food Handler Certificates. ....................................................................................4

Section 7.

Inspections. ...........................................................................................................5

Section 8

Termination of Permits. ........................................................................................5

Section 9.

Records. ................................................................................................................6

Section 10

Miscellaneous Provisions. ....................................................................................6

Notes of Adoption and Amendment: The Community Council adopted this Food Service Ordinance on

October 1, 1992, by Resolution Number 92-102. The Community Council amended this Ordinance on July

3, 2024, by Resolution Number 24-7-3-178, to reformat the Ordinance to increase the usability of this

Ordinance and of tribal law, to make substantive changes to the Ordinance, to add Exhibits, and to add

Notes of Amendment summarizing the legislative history of this Ordinance. The Notes of Amendment are

for convenience only and should not be relied on as mandatory authority.

Section 1.

Short Title. 2 This Ordinance shall be known and may be cited as the Prairie

Island Indian Community Food Service Ordinance.

Section 2.

Statement of Purpose, Findings, and Authority. 3

a. Purpose. Pursuant to the Constitution of the Prairie Island Indian Community, it is the

responsibility of the Community Council to protect the health, safety, and welfare of

persons within its jurisdiction. The purpose of this Ordinance is to provide for the safe

use, preparation, and storage of food in Food Service Establishments operating on the

Prairie Island Indian Community Reservation.

b. Findings. The Community Council finds that it is in the Community’s’ best interest to

regulate the use, preparation, and storage of food items for public consumption on the

Prairie Island Indian Community Reservation.

c. Authority. This Ordinance is enacted by the Community Council as the governing

body of the Community and pursuant to the inherent authority of the Community to

regulate activities and govern conduct within its jurisdiction.

Section 3.

Definitions.4

a. “Community” means the Prairie Island Indian Community in the State of Minnesota,

a federally recognized Indian Tribe.

b. “Community Council” means the constitutionally authorized governing body of the

Community.

c. “Environmental Health Specialist” means the Indian Health Service/Environmental

Health Specialist.

d. “Food Establishment Inspection Report” means a report for restaurants, bars, and

other Food Service Establishments conducted by the Environmental Health Specialist,

Occupational Safety Manager, or their designee.

Note of Amendment: The Community Council added this Section on July 3, 2024, by Resolution Number

24-7-3-178.

Note of Amendment: The Community Council added this Section on July 3, 2024, by Resolution Number

24-7-3-178.

Note of Amendment: The Community Council amended this Section on July 3, 2024, by Resolution

Number 24-7-3-178, for consistency with other Community law and practice under this Ordinance, and to

add definitions for “Community,” “Environmental Health Survey,” “Food Establishment Inspection

Report,” “Food Handler Certificate(s),” “Food Service Facility(ies)” or “Facility(ies),” “Food Service

Permit(s)” or “Temporary Food Service Permit(s),” “Food Service Worker(s),” “Occupational Safety

Manager,” “Permanent Food Service Establishment(s),” and “Prairie Island Indian Community

Reservation” or “Reservation.” The amendment also deleted the definitions of “Director,” “Retail Food

Establishment,” and “Retail Food Outlet.” The Community Council amended this Section again on March

18, 2026, by Resolution Number 26-3-18-58, to remove the definition for “Food Service Facility(ies)” or

“Facility(ies),” to amend the definition of “Environmental Health Survey” to “Temporary Food Service

Inspection Report,” to add a definition for “Spot Check,” and to clarify in the defined terms when action

by the Occupational Safety Manager or their designee is authorized.

e. “Food Handler Certificate(s)” means a certificate issued by the Indian Health Service

or the State of Minnesota that certifies workers in food preparation and handling

procedures that prevent foodborne illnesses, in a form substantially similar to the

example attached as Exhibit 1.

f. “Food Service Establishment(s)” means a unit or location where food is processed

and intended for individual consumption usually for retail sale (congregate kitchen,

elderly nutrition kitchen, and Treasure Island Resort & Casino kitchens). The term

includes any such place whether consumption is on or off the premises. This term

includes commercial grade kitchens that prepare food.

g. “Food Service Permit(s)” or “Temporary Food Service Permit(s)” means a permit

issued by the Occupational Safety Manager or their designee in order to prepare

and/or sell food on the Prairie Island Indian Community Reservation, in a form

substantially similar to the example attached as Exhibit 2.

h. “Food Service Worker(s)” means any person, whether owner, employee, independent

contractor, or volunteer, who prepares or serves food at a Food Service Establishment.

i. “Occupational Safety Manager” means the duly appointed Occupational Safety

Manager or their designee.

j. “Permanent Food Service Establishment(s)” means a Food Service Establishment that

operates at a fixed location for more than fourteen (14) consecutive calendar days not

in conjunction with a single event or celebration.

k. “Prairie Island Indian Community Reservation” or “Reservation” means all lands and

waters within the exterior boundaries of the Prairie Island Indian Community

Reservation, notwithstanding the issuance of any patent, easement, or right-of-way

running through the Reservation, ceded lands, and such other lands without such

boundaries as may be added by purchase, exchange, transfer, gift, or grant, or which

are under the jurisdiction of the Community.

l. “Spot Check” means an inspection conducted without prior notification of a

Temporary Food Service Establishment during service operations to observe food

handling techniques, check for valid Food Service Permits and Food Handler

Certificates, or similar observable violations.

m. “Temporary Food Service Establishment(s)” means a Food Service Establishment that

operates at a fixed location for a period of not more than fourteen (14) consecutive

days in conjunction with a single event or celebration.

n. “Temporary Food Service Inspection Report” means a report for all other types of

facilities not referenced in the Food Establishment Inspection Report definition

conducted by the Environmental Health Specialist, the Occupational Safety Manager,

or their designee.

Section 4.

Applicability. [reserved]. 5

Section 5.

Food Service Permits. 6

a. Permit Required for Food Service Establishments.

1. Every Permanent Food Service Establishment or Temporary Food Service

Establishment that operates within the Community must have a Food Service

Permit, in a form substantially similar to the example attached as Exhibit 2, that is:

A. Issued by the Occupational Safety Manager or their designee;

B. Not suspended; and

C. Not revoked.

2. Only the person(s) or Food Service Establishment that complies with the

requirements of this Ordinance may receive or retain the Food Service Permit.

Food Service Permits are non-transferable.

3. A valid Food Service Permit must be posted in a conspicuous location within

every Food Service Establishment.

4. As a condition of receiving a Food Service Permit, the owner/operator of a

Temporary or Permanent Food Service Establishment impliedly consents to entry

by the Occupational Safety Manager, Environmental Health Specialist, and their

designee(s), at all times and in all parts of the Food Service Establishment

(including all facilities of that Food Service Establishment), to carry out the

provisions of this Ordinance.

b. Food Service Permits for Permanent Food Establishments.

1. To receive a Food Service Permit, a Permanent Food Establishment must:

A. Demonstrate that all permanent facilities of the Permanent Food Service

Establishment meet the general requirements of the 2022 edition of the Food

and Drug Administration’s (“FDA”) Food Code or the most recent FDA

version, whichever is applicable; and

B. Have a Food Service Establishment Inspection Report completed by the

Environmental Health Specialist or their designee.

2. The Occupational Safety Manager must issue a Food Service Permit for a

Permanent Food Service Establishment if all “critical item” deficiencies identified

in the Environmental Health Survey have been corrected or are correctable.

Note of Amendment: The Community Council added this Section on July 3, 2024, by Resolution Number

24-7-3-178.

Note of Amendment: The Community Council amended this Section on July 3, 2024, by Resolution

Number 24-7-3-178, to be consistent with current practice and to clarify the permit standards.

3. A Food Service Permit issued to a Permanent Food Service Establishment under

this Ordinance is valid only for one (1) year from the date of its issuance.

4. To renew a Food Service Permit, the Permanent Food Service Establishment must

notify the Occupational Safety Manager, who will then request that the

Environmental Health Specialist inspect the premises.

c. Temporary Food Service Permits for Temporary Food Service Establishments. 7

1. The Community Council may make and amend guidelines for the operation of a

Temporary Food Service Establishment. Guidelines adopted pursuant to this

Ordinance shall be effective upon adoption, unless otherwise provided in the

Guidelines, and are attached to this Ordinance as Appendix A.

2. The Occupational Safety Manager or their designee must issue a Temporary Food

Service Permit to a Temporary Food Service Establishment if:

A. The operator of the Temporary Food Service Establishment has reviewed the

Community’s Temporary Food Service Guidelines and the IHS Temporary

Food Service Checklist, attached to this Ordinance as Appendix B;

B. All of the Temporary Food Service Establishment’s facilities meet the general

requirements of the Community’s Temporary Food Service Guidelines; and

C. The Occupational Safety Manager specifies the duration of the Temporary

Food Service Permit.

3. A Food Service Permit issued to a Temporary Food Service Establishment under

this Ordinance is only valid for the specified duration of the date of issuance.

Section 6.

Food Handler Certificates. 8

a. All Food Service Workers of every Permanent Food Service Establishment and

Temporary Food Service Establishment on the Reservation must obtain and possess a

current Food Handler Certificate issued from the IHS, the State of Minnesota, or a

similar accrediting organization, in a form substantially similar to the example

attached as Exhibit 1.

b. To obtain and possess a Food Handler Certificate issued from the IHS, the Food

Service Workers must attend an IHS Food Service Training Session (in-person or

online), conducted by the IHS Environmental Health Specialist.

c. A Food Handler Certificate is only valid for the period shown on the Food Handler

Certificate.

Note of Amendment: The Community Council amended this subsection on March 18, 2026, by Resolution

Number 26-3-18-58, to clarify that action by a designee of the Occupational Safety Manager is authorized.

Note of Amendment: The Community Council added this Section on July 3, 2024, by Resolution Number

24-7-3-178. The Community Council amended this Section again on March 18, 2026, by Resolution

Number 26-3-18-58, to clarify its application and requirements.

Section 7.

Inspections.9

a. Delegated Authority. The Community Council delegates inspection authority of all

Food Service Establishments throughout the Community to the Occupational Safety

Manager and Environmental Health Specialist.

b. Inspections of Permanent Food Service Establishments. 10

1. The Environmental Health Specialist or their designee must inspect all Permanent

Food Service Establishments at least once per calendar year.

2. Findings of these inspections must be reported utilizing the Indian Health Service

Food Service Survey Form or the Food Establishment Inspection Report, and

copies must be sent to:

A. The owner/operator of the Permanent Food Service Establishment; and

B. The Occupational Safety Manager of the Community.

c. Inspections of Temporary Food Service Establishments. 11 The Environmental Health

Specialist, Occupational Safety Manager, or their designee must inspect all

Temporary Food Service Establishments at least once during the facility’s permitted

period, including, but not limited to, food temperature checks, sanitizing agent testing,

and other food safety items. The Environmental Health Specialist, Occupational

Safety Manager, or their designee may also conduct Random Spot checks for the

same Temporary Food Service Establishments during the facility’s permitted period.

Section 8.

Termination of Permits. 12 If any individual or party, subject to the

jurisdiction of the Community, who also operates a Food Service Establishment required to

possess a Food Service Permit or Temporary Food Service Permit, violates any requirement

of this Ordinance, such violation(s) are grounds for the Occupational Safety Manager or their

designee to terminate that person’s Food Service Permit or Temporary Food Service Permit

to operate within the boundaries of the Community.

Note of Amendment: The Community Council amended this Section on July 3, 2024, by Resolution

Number 24-7-3-178, to delegate inspection authority to the Occupational Safety Manager and

Environmental Health Specialist, and to clarify the inspection requirements.

Note of Amendment: The Community Council amended this subsection on March 18, 2026, by

Resolution Number 26-3-18-58, to include the Food Establishment Inspection Report.

Note of Amendment: The Community Council amended this subsection on March 18, 2026, by

Resolution Number 26-3-18-58, to include the Occupational Safety Manager and clarify the obligation and

scope for inspections and Spot Checks.

Note of Amendment: The Community Council amended this Section on July 3, 2024, by Resolution

Number 24-7-3-178, to delegate the power to terminate a Food Service Permit or Temporary Food Service

Permit to the Occupational Safety Manager. The Community Council amended this Section again on March

18, 2026, by Resolution Number 26-3-18-58, to clarify that action by a designee of the Occupational Safety

Manager is authorized.

Section 9.

Records. 13 The Occupational Safety Manager or their designee must maintain:

a. One copy of each of the following references:

1. FDA Food Code 2022, or the most recent version; and

2. IHS Temporary Food Service Checklist.

b. Copies of all current:

1. Food Service Permits;

2. Temporary Food Service Permits;

3. Food Handler Certificates; and

4. Environmental Health Survey Reports.

Section 10.

Miscellaneous Provisions. 14

a. Severability. If any provision of this Ordinance or its application to any person or

circumstance is held invalid, the remainder of this Ordinance, or the application of the

provision to other persons or circumstances is not affected.

b. Use of Language From Other Laws. Inclusion of language, definitions, procedure, or

other statutory or administrative provisions of other Tribal jurisdictions, the State of

Minnesota, or other state or federal entities in this Ordinance is not an adoption of that

law by the Community and may not be deemed an action of the Community deferring

to state or federal jurisdiction where such state or federal jurisdiction is concurrent or

does not otherwise exist.

Note of Amendment: The Community Council added this Section on July 3, 2024, by Resolution Number

24-7-3-178.

Note of Amendment: The Community Council amended this Section on July 3, 2024, by Resolution

Number 24-7-3-178, to add the Section and subsection headings, add a “Repealer” statement, and remove

superfluous and outdated terms. The Community Council amended this Section again on March 18, 2026,

by Resolution Number 26-3-18-58, to add the “Use of Language From Other Laws” subsection, and delete

the “Repealer” subsection for consistency with other Community law.

EXHIBIT 1

Approved by Resolution Number 24-7-3-178.

EXHIBIT 2

Approved by Resolution Number 24-7-3-178

Temporary Food Service Guidelines Promulgated Pursuant to

Prairie Island Indian Community Food Service Ordinance

Appendix A 1

Capitalized terms below are defined in the Prairie Island Indian Community Food Service

Ordinance, at Section 3. Definitions.

II.

LOCATION.

Temporary Food Service Establishments must be at least 100 feet from all

buildings housing animals or other sources of odors, flies, or inspect

infestations.

Temporary Food Service Establishments must be located within 400 feet of a

toilet facility.

CONSTRUCTION.

Each Temporary Food Establishment must have a roof made of wood, canvas,

or another approved material that protects the interior of the establishment

from splash, dust, and inclement weather.

Barrels and other containers which have been used for the storage of toxic

products shall not be used as a cooking device.

All means of cooking at counters, grills, barbecue pits and other types of

cooking must be in an enclosed area effectively separated, so as not to be

accessible to the public, by using fence, rope or similar means.

Handwashing stations must be located in all Temporary Food Service

Establishments where there is direct handling and/or preparation of food(s).

Three clean 5-gallon containers shall be used for warewashing at all

Temporary Food Service Establishments unless NSF grade 3-compartment

sinks are already installed.

Notes of Adoption and Amendment: The Community Council adopted this Appendix as the “Temporary

Food Service Guidelines” to the Food Service Ordinance adopted on October 1, 1992, by Resolution

Number 92-102. The Community Council amended the Temporary Food Service Guidelines on July 3,

2024, by Resolution Number 24-7- 3-179 to make the Temporary Food Service Guidelines an Appendix to

the Food Service Ordinance and to update the Temporary Food Service Guidelines to reflect current and

best practice and for consistency with amendments adopted to the Food Service Ordinance. The Community

Council further amended this Appendix on March 18, 2026, by Resolution Number 26-3-18-59, for

consistency with amendments the Food Service Ordinance adopted on that date.

III.

IV.

WATER SUPPLY.

A potable water supply from an approved source must be provided on the

premises for use in food preparation, warewashing and employee

handwashing.

Temporary Food Service Establishments that do not have water under

pressure are required to provide food grade water containers which are

smooth, easily cleanable and have a tight fitting cover. Containers must be

cleaned and sanitized in an approved manner prior to each day’s operation.

Water hoses must be of food grade material, i.e., clear plastic or of nontoxic

material approved by the USDA, FDA, and NSF. Water supplies that are

connected to hoses shall be protected by an approved backflow prevention

device.

FOOD SAFETY.

All raw foods must be prepared and cooked on-site (i.e. chicken, ground beef,

bison, pork, fish, etc.).

All nonperishable food must be stored in its original container a minimum of

6 inches above the floor of the Temporary Food Service Establishment.

Nonperishable food that is not stored in its original container must be stored

in an approved food grade covered container, and if the food item is not

readily recognizable, must be labeled for content.

Sugar, cream, mustard, ketchup, mayonnaise, and similar products shall be

served from individual packages or covered commercial condiment

dispensers, unless they are served by Food Service Workers.

Items such as pickles, onions, and relish shall be served by Food Service

Workers unless individually packaged or served from a covered commercial

condiment station.

Plastic squeeze bottles, pumps, and similar types of dispensers must be

fabricated so as to be smooth, easily cleanable, and capable of being

completely disassembled for washing, rinsing, and sanitizing.

Live animals must be excluded from the operational area of all Food Service

Establishments.

A probe thermometer must be on-site if preparing and/or storing

time/temperature control for safety (“TCS”) foods. Reach-in coolers must

have a working ambient thermometer present.

VI.

VII.

REFUSE.

Garbage and refuse must be routinely removed from the immediate area

around the Temporary Food Service Establishment to prevent the attraction of

flies and the creation of odor and nuisance problems.

Durable waste containers of sufficient size and number lined with plastic bags

and tight-fitting lids will be provided by the operator of the Temporary Food

Service Establishment. These containers must be covered at all times. The

containers must be emptied as often as necessary to avoid creating a nuisance.

When dumpsters are used for daily storage, plastic bags must be used and

tightly closed prior to storage in dumpsters.

WASHING AND CLEANING AIDS.

All washing and cleaning supplies such as brushes, dish mops, and dishcloths

used in warewashing shall be maintained in a clean and sanitary condition.

Counter cloths must be stored in an approved sanitizing solution, i.e. 100 ppm

chlorine bleach solution (1/4 ounce or a capful of bleach per gallon of water).

An approved test kit must be used for measuring the level of sanitizer in

solution.

Floor cleaning supplies such as mops, brooms, and buckets should not be

stored in food preparation areas.

TOXIC PRODUCT USE.

Toxic products (cleaning supplies) must not be used in a way that

contaminates food, equipment, or utensils; that constitutes a hazard to

employees or other persons; or other than in full compliance with the

manufacturer’s label.

Toxic products (cleaning supplies) must not be stored above food, food

equipment, utensils, or single-service articles.

IHS Temporary Food Service Checklist Promulgated Pursuant to

Prairie Island Indian Community Food Service Ordinance

Appendix B

 A food thermometer

 Handwashing station that includes:

5 gallon insulated container with a spigot

Minimum 5 gallon waste receiving bucket beneath spigot

Soap

Single-use towels

Waste receptacle

 Warewashing station that includes:

Pre-wash (scrape and soak)

One 5 gallon container to wash with dish detergent

A second 5 gallon container to rinse with clean water

A third 5 gallon container to sanitize with a 100 ppm bleach solution

Space to air dry on counter tops

 Single use gloves

 Hair net or baseball cap

 Bucket of sanitizer with cleaning cloth- used for sanitizing surfaces in contact with food

 Sanitizer test kits (Quat or Chlorine)

 Garbage cans with covers

 Food grade water containers equaling 20 gallons- used to protected potable water supply

 An acceptable ice chest for food storage (no Styrofoam)

Ice from an approved source

 Proper cold-hold units and hot-hold units with accurate food capacity

 Extra utensils

 Food from an approved reputable source

 No smoking/ tobacco use

 Propane tanks secured

 Fire extinguisher onsite

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.