Chapter 03 - Individual's Health Certificates

Chapter 03 - Individual's Health Certificates

25.0301 Required by certain persons.

The following persons shall be examined by the Director of Health every 12 months and ob-tain from him a health certificate which shall state that such person has been examined and is free from all diseases dangerous to the public health:

(1) any person employed as a handler of food or drink or as a cashier in any restaurant, or at any carnival or fair, or as an employee of a caterer, or in any food establishment, or on any premises licensed for on-sale of alcoholic beverages under 27.0501 et seq., relating to alcoholic beverages, or in any hotel, cafe, bar, private club or public eating or drinking place, or in any public assembly where food or drink is sold or dispensed;

(2) any peddler of food or drink;

(3) any person employed in any barbershop or beauty shop;

(4) any other person in a category listed by the Governor in his discretion, by regulation.

25.0302 Exceptions.

This chapter does not apply to sale by the original producer of fresh, unprocessed fruits, vegetables and nuts, eggs, live poultry or live pigs or to persons who are employed as cooks, maids or servants in private homes or dwellings, nor to persons preparing or serving food for feasts, weddings or church and community celebrations where food or drink is not sold for profit.

25.0303 Form of certificate-Scope of examination.

The form of the health certificate and the extent of the physical examination shall be prescribed by the director but must include the following:

(1) a physical inspection for Hansen’s disease and other skin infections, particularly scabies, head lice, impetigo fungus infections, boils and abscesses:

(2) appropriate tests to determine whether tuberculosis is present:

(3) a stool examination for the common ovum of intestinal parasites.

25.0304 Prohibition on employees having communicable disease.

(a) No owner, employer, manager, or person in charge or control may permit any person to work in a restaurant or food establishment knowing, or having reasonable grounds to know, that such person has a disease in communicable form, or is a carrier of such disease; and no person shall work in a restaurant, whether in his own or another’s employ, knowing himself to have, or having reason to believe that he has, any such disease. If an owner, employer, manager or person in charge or control suspects that any employee has any such disease in a communicable form, or is a carrier of such disease, he shall notify the director immediately.

(b) Persons with cuts or sores shall not be allowed to handle food that may be contaminated by such handling.

25.0305 Posting notice of law in food establishments.

A placard containing this section and 25.0303 and 25.0304 shall be posted in all toilet rooms used by employees in restaurants and food establishments.

25.0306 Duty to see that certificate is obtained.

Every owner, manager, or person in charge or control of any establishment, as well as each employee, is under a duty to see that each employee has a valid health certificate.

25.0307 Duty to carry certificate while working.

Each food handler shall carry his health certificate on his person at all times when performing his duties or functions at his place of employment or business.

25.0308 Suspension of food handlers.

Any person required to have a health certificate, who either does not have a valid certificate or is unable to exhibit one to an authorized inspector, may be suspended from all duties at his place of employment until such time as he obtains a valid certificate or can exhibit a valid certificate to the inspecting authority. The act of suspending the violating employee does not preclude separate action to be taken against the owner, employer, manager, or person in charge or control of the violating establishment.

25.0309 Fees.

(a) The Department of Health may not charge any fee for examinations and tests, or the issuance of health certificates. In the case of any employee who handles food in a private home where a health certificate is required or requested by the householder, no fee may be charged for issuing a certificate to the employee.

(b) This section shall not preclude the power of the director to charge a fee for duplicate health certificates if the cost of such service is reasonably related thereto.

25.0310 Authorization required prior to release of medical findings.

The staff of the Department of Health, both professional and administrative, may not release results of medical findings to the employer, or to any person except the person examined, without written authorization for the release signed by such person. The employer, without such written authorization, is entitled only to information as to whether the health certificate was issued or denied.