01-487Council File # �l —�14'�
'����1��4�L
Resolution #
Green Sheet # `����
RESOLUTION
CIN OF SAWT PAUL, MINNESOTA
Presented By
Referred To
1�
Committee: Date
2 WHEREAS, the Minnesota State Legislature enacted Cttapter 28A of Minnesota Statutes to effect an efficient and
3 simple form of licensing by eliminating duplicate licensing and inspecrion by both the commissioner of the
4 Minnesota Department of Agriculture and local boards of health of retail food handlers that aze grocery or
5 convenience stores; and
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WHEREAS, Chapter 28A.075 requires that the commissioner of the Minnesota Departsnent of Agriculture must
delegate the licensing and inspection duties of the commissioner pertaining to retail food handlers that are grocery
or convenience stores to local boards of health who request such delegation; and
WHEREAS, the proposed delegation agreement between the commissioner of the Minnesota Department of
Agriculture and local boards of health also requires that local boazds of health inspect and license vending machines
and food establishments that are referenced in Minnesota Rules Chapter 4626.OQ20 subp. 35, within their
jurisdiction; and
WfIEREAS, the City of Saint Paul, in its capacity as a local board of health, desires to enter into a delegation
agreement with the commissioner of the Minnesota Department of Agriculture to license and inspect retail food
handlers that are grocery or convenience stores, vending machines and food establishments that are referenced in
Minnesota Rules Chapter 4626.0020 subp. 35, within the City of Saint PauPs jurisdiction; and
WHEREAS, the commissioner of the Minnesota Department of Agriculture and the City of Saint Paul desire to
effect an efficient and simple form of licensing by eliminating duplicate licensing and inspection of wholesale food
handlers and wholesale food processors and manufacturers; and
WHEREAS, the delegation agreement between the Minnesota Deparisnent of Agriculture and the City of Saint Paul
requires the City of Saint Paul to discontinue the licensing and inspecting of any establishment that the State
Department of Agriculture licenses and inspects as a wholesale food handler, wholesale food processor or
manufacturer, food broker (as defined in Minnesota Statute Section 28A.05), or any combination food
establishments with less than 50 percent of the food operation as retail; and
WfIEREAS, if the City of Saint Paul does not agree to accept the delegation agreement between the commissioner
of the Minnesota Department of Agricuiture and the City of Saint Paul, the City of Saint Paul will no longer be
allowed to license, collect fees, inspect or regulate any retaii food handlers that are grocery or convenience stores,
vending machines and food establishments that aze referenced in Minnesota Rules Chapter 4626.Q020 subp. 35,
within the City of Saint Paul's jurisdicrion; and
WHEREAS, if the City of Saint Paul is no longer allowed to license, collect fees, inspect or regulate any food
handlers that aze grocery or convenience stores, vending machines and food establishments, it will result in a loss of
approximately $105,000 in license revenue•, now, therefore, be it p
5 RESOLVED, that the Council of the City of Saint Paul hereby authorizes the City of Saint Paul to enter into an
6 agreement with the commissioner of the Minnesota Department of Agriculture to exciusively license and inspect
7 retail food handlers that are grocery or convenience stores, vending machines and food establishments that are
8 referenced in Minnesota Rules Chapter 4626.0020 subp. 35, within the City of Saint Paul's jurisdiction; and be it
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10 �'LTIZTAER RESOLVED, that the City of Saint Paul will, within two years of the date of this agreement,
11 discontinue the licensing and inspecting of any establishment that the State Department of Agriculture licenses and
12 inspects as a wholesale food handler, wholesale food processor or manufacturer, food broker (as defined in
13 Minnesota Statute Section 28A.05), or any combination food establishments with less than 50 percent of the food
14 operation as retaii.
IS
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Requested by Department of:
Office of License, Inspections and
Enviro tal Protecti
By-
Form Appr ved by City rney
By: �
Approved by Mayor for Submission to
Council
By: �L,�'12i.0 �!//U/r'�-c� �
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Adopted by Council: Date 1
Adoption Certified by Council Secretary
OFFICE OF'LIEP Date= GREEI� SHEET
Roger Curtis March 7, 2ooi
266-9013 �N� 103813 °i"yY�
1 SPAR'R'�MS DIRECTOR 5 ITY CWNCIL
, 2 ITY ATTORNEY ITY CLEftK
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St be on Council Agenda by: � 3�Ex aixaczox IN. & MGT- SVC. DIR.
A�J YOR (OR ASSISTANP)
OTAL # OF SIGNATORE PAGBS 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
resolution authorizing the City of Saint Paul to enter into a delegation
greement with the Minnesota Department of Agriculture to exclusively license
nd inspect retail food handlers. (grocery and convenience stores), vending
achines and food establishments.
COMNIENDATIONS: APPROVE (A) OR RSJECT (It) . BRSONhL SSAVZCS CONTRt�CTS MUST ANSf/8R T88._FOLLOSQING: ����
�?���°
PLANNING COh4tISSION CIVIL SERVICE CO[MfISSION Has the person/fiim eVeY WOrked undeY a ContYact fq �dBpartment?
CIB COMMITTEE A BUSINESS REVIEW COUNCIL YES NO �, ¢�d���o'��-
STAFF Has this person/firm ever been a City emplo}Tee'? g � y�T�
DI5IRICT WUAT _ ,�es this person/firm possess a skill not normallk��s�seV ��a�ny
PORTS WHICH COUNCIL OBJECTIVE? Current City employee? ��
YBS NO
Iain aIY Y85 aaswers oa a aeparate aheet and attach.
IIdITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Wh�Z}:
Fn-1999, the Minnesota State Legislature passed a measure th-at required
unicipalities to enter into a delegation agreement with the Department of
griculture to license and inspect all grocery and convenience stores, vending
achines and food-establishments within the municipality, or, the municipality
oe�ld be required to relinquish.all license. and inspection duties of these
usinesses to the Department of Agriculture. The Office of LIEP desires_to
er�ter into a delegation agreement and assume full license and inspection duties
f these businesses.
VANTAGES IF APPROVED:
rocery and restaurant store owners and vending machine and food license
o7ders wi11 not have to obtain a license from the Minnesota Department of
griculture; also, these businesses will only be licensed by one entity, the
ffYCe of LIEP.
ISAIYVANTAGES IF APPROVED:
he Office of LIEP will need to increase its budget and hire a staff person to
ontend with the increased inspection duties; this budget increase will be
ffset by the increase in license revenue generatec� from a slight increase in
license fees for grocery and convenience stores, vending machines and food
estabtishments.
ISADVANTAGES IF NOT APPROVED:
IEP wiYl lose approximately $105,000.00 in license revenue.
OTAL AMOTJN'I' OF TRANSACTION S COST/REVENUE BUDGETED YES NO
UNDII3G SOURCE ACTIVITY Ni3MBER
INANCIAL II3FORMATION: (EXPLAIN) �T j �� �g
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Minnesota De�artment of Agriculture
b`INAL COPY
OI-OS-Ol
Minnesota Department of Agriculture
Dairy and Food Inspection Division
90 West Plato Blvd.
St. Paul, MN 55107
DELEGATION AGREEMENT
Terms of Agreement
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THIS AGREEMENT, effective on the first day of, is made and entered into, by and between the
Commissioner of Agriculture, hereinafter the "State," and Ramsev County, hereinafter the "Health
Agency", pursuant to Minnesota Statutes, secfions 28A.0�5, and 145A.03 and other applicable Statutes.
WHEREAS, the State, as set out in Minnesota Stahxtes, Chapters 17, 28A, and 31, has the responsibility
to inspect and regulate facilities for the purpose of preventing and minimizing communicable disease and
environmental health hazards; and to inspect and regulate food establishments and vending machines for
the purpose of £iirthering the public interest in a safe, wholesome unadulterated and pzoper]y represented
and advertised food supply; and
WHEREAS, Nlinnesota Statutes Section 28A.075 (Supp1999), provides that the State must enter into
agreements with local boazds of health to delegate certain licensing and inspection duties of the
Commissioner of Agriculture pertaining to food handlers that are grocery or convenience stores; and
WHEREAS, Minnesota Statutes, Secrion 28A.09 allows the Health Agency to license and inspect
vending machines; and
WHEREAS, Minnesota Statutes 1998, Secfion 31.04 authorizes State agents to enter and inspect food
establishments; and
WHEREAS, it has been detemrined that the Health Agency has an environmental health staff capable of
providing technical advice, reviewing plans, collecting food samples, inspecting food establishments and
enforcing the statutes and nzles of the State for the types of facilities set forth in Minnesota Statutes,
Secrion, 28A.05(a).
NOW, THEREFORE, THE STATE AND THE HEALTli AGENCY JOINTLY AGREE as
follows:
90 West Piato Boulevard - Saint Paul, Minnesota 55107-2094 •(651) 297-2200 � TT1 (651) 297-535371-800-6273529 •
An equal opportuniry ampbyer
MDA Delegarion Agreement
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A) T4�e State hereby authorizes the Health Agency to inspect for the piupose of this agreement,
"grocery and convenience stores", vending machines and food establislunents that are referenced
in Minnesota Rules Chapter 4626.6020 subp. 35, within the Health Agency's jurisdiction.
B) This agreement does not include food establishments inspected under the State Meat
Inspection Program in Chapter 31A, food handlers whose principal mode of business would be
licensed by the State as a wholesale food handler, wholesale food processor or manufacturer, or
food broker, under 28A.05 (b), (c) and (d), or any combinarion £ood establishments with less
than 50 percent of the food operation as retail. Determination of principle mode of food business
and predominate business of food sales, including combination food establishments, will be
based upon gross annual food sales percentages. Determination for any new food handler license
will be based upon anticipated future gross annual food sales percentages.
C) Effective within two years from the date of this agreement, the Health Agency agrees to
discontinue licensing and inspecring any establishment that the State licenses and inspects as a
wholesale food handler, wholesale food processor or manufactuter, food broker (as defined in
Minnesota Statute Section 28A.05), or any combinarion food establishments with less than 50
percent of the food operation as retail.
2. Performance of Activities.
A) On the effecrive date of this agreement the State will not perform any of the acrivities that are
delegated under this agreement.
B) This agreement does not limit the authority of the State to inspect establishments in
jurisdictional areas of the Health Agency in response to an emergency, or for the ptupose of
monitoring and evaluating the Health Agency's licensing, inspection and enforcement program,
or at the request of the Health Agency.
C) Except as othenvise noted, on the effective date of this agreement, the State will discontinue
all licensing and inspecrion duties and activities pertaining to those "retail groceries and
convenience stores" including those establislunents defined as food establishments in the
Minnesota Food Code (Minnesota Rules Chapter 4626). The Aealth Agency agrees to undertake
all the delegated activiries and will provide to the State appropriate documentarion, concerning
the delegated food establishments.
3. Termination.
This agreement shall continue in effect until terminated by either party. The terminating party
must notify the other party in writing of intent to terminate this agreement no later than six
months prior to the beginning of the calendar year in which the termination will become
effective. If the agreement is terminated for any reason, the Health Agency may not reapply for
the program for rivo yeazs from the beginning of the calendar year following ternunation. The
State may terminate for cause of not living up to this agteement or appendixes.
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1�IDA Delegation Agreement
4. Other A¢reements / Appendiaes.
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A) It is understood and agreed that the entire agreement of the parties is contained in this
document and that this agreement supersedes any other agreements between the parties, either
verbal or written, pertaining to the subject matter of this agreement.
B) Any amendment to or waiver from this agreement must be in writing and executed by both
parties.
C) Details as to permits, plan review, inspections, sampling, surveys, emergencies, reporting and
adminis�arive procedures may be agreed to by the State and the Health Agency for
administering this agreement, shall be in writing as appendixes to the agreement.
5. Adoption of Ordinances.
The Heaith Agency must promulgate or confinue in force ordinances authorizing administration
and enforcement of State rules, by incorporaring State rules by reference or adopting State ruies
in their enfirety except for any approved amendments for the regularion of the facilifies idenrified
in the agreement as specified in Appendix One, 1- Ordinance, which is incorporated and made
part of this contract.
6. Oualified Staff.
The Health Agency must retain qualified staff/ Sanitarians to effecrively carry out the delegated
activities of this regulatory program as specified in Appendix One, 2— Staffing, which is
incorporated and made part of this coniract.
7. Program Covera¢e.
Conditions which result in the Health Agency not having qualified staff to carry out this
Agreement as specified in Appendix One, 2— Staffing, which is incorporated and made part of
this document, must be reported to the State within seven days of becoming aware of projected
staff employment termination.
8. Trainin¢.
The Health Agency and the State recognize that properly trained staff is required to assure that
the responsibility to inspect and regulate facilities for the purpose of prevenring and minimizing
communicable disease and environmental health hazards; and to inspect and regulate food
establishments and vending machines for the purpose of assuring the public a safe, wholesome
unadulterated and properly represented and advertised food supply can be effectively carried out.
Training requirements to carry out this agreement are specified in Appendis One, 3— Training,
which is incorporated and made part of this document.
9. Enforcement.
The Health Agency must enforce the applicable portions of Minnesota Statutes, (;hapters 17,
28A, 29, 30, 31, 31A, 32, 33 and 34 and Minnesota Rules, Chapters 1520 —1556, 4626 and any
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IvIDA Delegafion Agreement
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successor statute or rule as specified in Appendix One, 5— Enforcement, which is incorporated
and made part of this document.
10. Inspections.
The Heaith Agency and the State shall perform inspections utilizing the Minnesota Food Code's
minimum and maximum standards, including enforcement of other statutes and rutes referenced
in the Food Code. Establishment risk will be determined by using the factors prescribed in
Minnesota Statute Chapter 157 and the policy developed by the State. Appendix Two, 1-
Inspecfions, which is incorporated and made part of this document
I l. Costs to the State.
The Health Agency must perform the inspecrion, licensing, enforcement, and other funcrions
identified in this agreement without cost to the State unless otherwise stated.
12. Variances.
To assure uniformity, the Health Agency shall consult with the State on new and renewal request
for variances from the Minnesota Food Code. The Health Agency shall supply the State a copy
of all variance requests the Health Agency accepts or denies within 30 days.
13. Failure to Perform.
The Health Agency must norify the State immediately if the Aealth Agency determines that it
cannot fulfill its responsibilities under this agreement.
14. Support of the Health A¢ency's Authority.
The State must refer to the Health Agency all matters under the jurisdiction of the Health
Agency, when such matters aze brought to the attention of the State.
15. Dele�ated Yrogram Evaluation.
The State must perform a comprehensive formal evaluarion of the delegated program not less_
than once every three years to determine compliance with this agreement as specified in
Appendix Three, 1- Evaluation, which is incorporated and made part of this document. The
State shall evaluate the Health Agency's performance using the criteria estabiished in Appendis
Three, 2- Delegation Evaluation Criteria, which is incorporated and made part of this
document. Failure of this evaluation will result in terminarion of the agreement. An agreement
that is terminated will result in the State resuming inspection and licensing of food
establishments covered under this agreement. The Health Agency agrees that if the program is
ternunated for cause, they shall stop inspecting and licensing food establishments covered under
this agreement. The Health Agency shall not reapply for a period of two yeazs.
16. Training and Technica! Assistance.
The State shall provide orientarion, training, consultafion on problems, and other supportive
services for the environmental health staff of the Health Agency. See Appendix Four -
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MDA Delegation Agreement
Administrative Responsibilities of the State, which is incorporated and made part of this
document.
17. Liaison with the State.
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The Health Agency must assign a person to serve as a liaison, responsible for maintaining
communications as to procedures and acfivities with the State. Informal communications shall
take place weekly to discuss and promote program needs and food safety issues. Both the State
and the Health Agency will support interacrion between their staff.
18. Liaison with the Health Agencv.
The State must assign a person to serve as a liaison, responsible for maintaining communications
as to procedures and activiries with the State. Informal communicataons shall take place weekly
to discuss and promote program needs and food safety issues. Both the State and the Health
Agency will support interaction between their staff.
19. Renegoriation and Void.
Recognizing that certain items contained in this agreement may need to change periodically, the
State and the Health Agency agree that this agreement may be updated or renegotiated at the
request of either party every two years.
If any portion of this agreement is found to violate State or Federal law, such that a portion of the
agreement is void and unenforceable, the remainder of the agreement may continue if both
parties agree.
20. Indemnification, Liabilitv in Force and No Third Partv Benefit.
Neither the State nor the Health Agency assumes liability for the job safety, welfare of the other's
employees, or for the actions or omissions of the other's employees relating to the activiries undertaken
or carried out under this agreement. The State and the Health Agency, Shall each be responsible for their
own employees and their respecrive employees actions. The State shall indemnify and hold hatmless the
Health Agency for the acts and omissions of iYs employees, subject to the provisions and limitations set
forth in Minnesota Statute Section 3.736 et e1. The Health Agency shall defend, indemnify and hold
hazmless the 5tate for acts and omissions of its employees, subject to the provisions and limitations of
Minnesota Statutes Chapter 466.
The Health Agency will not discriminate against any employee or applicant for employment, for reasons
of age, race, creed, color, handicap, marital status, national origin, ancestry, sexual orientation, arrest
record, or conviction record, as provided by state and federal law. The Health Agency agrees to
affirmarive action to ensure equal employment opportunities
This agreement shall be deemed to be for the benefit of the State and the Health Agency only and
shall not be deemed to be for the benefit of any third party or to provide addifional rights and
benefits to the general public; tlus agreement shall not nive rise to any liability to any person in any
case in which neither the State nor the Health Agency would have liability in the absence of this
agreement.
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MDA Delegation Agreement
This Agreement shall be effective on
(date).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duty
authorized officers as of the dates shown below.
NIINNESOTA DEYARTMENT
OF AGRICTJLTURE
LOCAL HEALTH AGENCY
(AGENCI�
By:
Commissioner
Date:
By:
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By:
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Date:
As to form and execution
Assistant Attorney General
Date
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Health Agency Chair
Date:
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Date:
( Citv Commissioner )
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Appendix One
ADMINISTRATIVE RESPONSIBILIT'IES OF THE HEALTH AGENCY
1. Ordinance.
A) The Health Agency, within 180 days of the effective date of this agreement, shall adopt as
ordinance the Minnesota Food Code, Minnesota Rules, Chapter 4626, for inspecting food
establishments in its jurisdiction. The ordinance must not be in conflict with standards
established in Minnesota statutes or rules. These adopted ordinances may not be less restricfive
than or in conflict with the provisions of Minnesota Statutes. The Health Agency sha11 provide a
copy of this adoption to the State.
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NIDA Delegation Agreement
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B) The Health Agency shall enforce the statutes and rules referenced in the Minnesota Food
Code Chapter 4626. As provided for in Minnesota statute chapter 28A.075, the Food Code shall
be the minimum and maximum standazds for food establishments in Minnesota. These
ordinances shall not be more or less restricrive, in conflict with the provisions of 28A .075 *or
other statutes or rules referenced in the Minnesota Food Code.
C) The ordinance must be submitted to the State for review and comment during the Health
Agencies normal promulgation process.
D) The Health Agency must adopt or incorporate any updated rules within 180 days of adoption
by the State. The Heatth Agency must promulgate ordinances for any activity in the scope of
this agreement that is not currently being performed by the Health Agency. These ordinances
must be promulgated within 180 days.
2. Staffing.
A) The Health Agency must retain qualified staff/ Sanitarians to effectively carry out the
delegated activities of this regulatory program. The Health Agency must assure that qualified
staff, except as provided in Appendix One, 2.A.b and 2.A.c will conduct inspections or sanitary
surveys at the establishments in the scope of this agreement.
a) All qualified inspection staff must possess the following qualificarions:
Environmental Health SpecialisU Sanitarian currently registered with the Minnesota
Department of FIealth
OR �
A baccalaureate or post baccalaureate degree in environmental health, sanitary science,
sanitary engineering or other related environmental field which includes at least 30
semester or 45 quarter hour credits in the physical or biological sciences, and become
registered within two years of the date of appointment.
b) Other staff not meeting the requirements of Appendix One, 2.A.a under the supervision
of a registered sanitarian may collect food samples, monitor food temperatures, collect
water samples of public noncommunit,y water supplies, and
assist in performing addifional dufies when supervised onsite by�ualified staff.
c) Other staff not meeting the requirements of Appendix One, 2.A.a, if otherwise agreed to
by the State.
B) The Health Agency shall have a written contingency plan on how it will maintain coverage
during temporary staff absences of more than two weeks using qualified non-State personnel.
The Health Agency shall norify the State. The State must concur on any vacancy that would
exceed 30 days. The State shall be notified immediately if the Health Agency cannot fulfill its
responsibility under this Agreement. Failure to norify the State may result in terminafion of the
agreement at the option of the 5tate. An alternate staffing plan acceptable to the State may be
employed for absences exceeding 30 days.
C) The Health Agency agrees to assign staff as necessary to meet the minimum inspection
frequency and sampling surveys.
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NIDA Delegation Agreement
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D) The State shall provide an inspecrion contact and liaison to assist the Health Agency. The
State's compliance staff will also be available for consultafion.
3. Training.
A) The State will provide to the Health Agency, orientation, on going training, standardization
services, consultation on problems, investigative and other supportive services in the
performance of its duties under the Agreement. The Aealth Agency agrees that all inspection
personnel worldng under this Agreement will receive training by the State. Comparable hzining
sessions offered by other sources (such as the United States Food and Drug Administration and
the Association of Food and Arug O�cials), will be allowed. To assure statewide unifomuty,
such training that would be used to replace the State uniformity training, the Health Agency must
obtain approval by the State prior to attending that training.
B) The State will provide standazdizarion of the Health Agency liaison. It is expected that the
Health Agency liaison will then train additional Health Agency staf£ The State may provide
assistance if needed.
C) The Health Agency must ensure that all registered Environmental Health Specialists/
Sanitarians have the opportunity to obtain at least 24 contact hours of state-approved continuing
education within the staffls two-year registration periods.
D) The Health Agency must ensure that all staff receives the training necessary to maintain
competency in each azea covered by this agreement for which they have responsibility.
E) The State will provide to the Aealth Agency consultation and advice on statutes and rules
promulgated by the State. The Health Agency shall enforce these statutes and rules.
1� The State will provide on-site consultation to the Health Agency's environmental health
program during the agreement.
G) The State shall provide initial8aining necessary for Health Agency personnel in areas where
the State has speciFic skills.
� Opportunities will be available for joint conference participation and training as time permits.
n The State agrees to provide ongoing scheduled training to the Health Agency. The Health
Agency agrees to assign at least one person to attend this training.
,n The Health Agency agrees to attend mandatory training provided by the State including Retail
Standardization and HACCP. The State will identify mandatory training and schedule training to
accommodate the Flealth Agency as much as possible.
4. Permits and Fees.
A) The Health Agency must require that a person obtain a license or permit to operate an
establishment when required under Minnesota Statutes Chapter 28A.
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MDA Delegation Agreement
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B) The Health Agency may charge permit, license, or inspecT;on fees for the operation of
establishments and is not limited to fees specified by Minnesota Statutes, Chapter 28A and rules
promulgated there.
C� The Health Agency must provide to the State one copy of the fee schedule pertaining to this
Agreement within 30 days of enactrnent:
5. Enforcement.
A) The Health Agency must enforce the applicable portions of Minnesota Statutes, Chapters
17.04, 28A, 29, 30, 31, 31A, 32, 33 and 34 and Minnesota Rules, Chapters 1520 — 1556, 4626
and any successor statute or rule. In cases where other actions do not produce compliance, the
Health Agency must take appropriate enforcement measures to correct violarions, which have a
high risk of causing illness, injury or fraud. These measures may include the following:
a. administrative hearings;
b. issuance ofcitations;
c. seeking injunctions pursuantto Minnesota Statutes,section 31.031
d, revocation or suspension of licenses pursuant to rules and statutes; or
e. other enforcement actions pursuant to local ordinances.
B) The Health Agency must maintain an enforcement record chronicle for each enfarcement
action, by recording all significant events and their dates, from discovery of a violation to
resolurion and shall provide copies to the State upon request.
C) T'he Health Agency shall provide adminislrative and legal services when regulatory actions
warrant, including civil and criminal enforcement actions. The Health Agency and the State
shall consult to deternune what acrions aze necessary and appropriate.
D) The regulatory solutions available to the Commissioner of Agticulture shall be available to
the Health Agency unless prohibited by statute.
E) Regulatory policy shall be jointly developed during this agreement with the advice of both
agencies and legai counsel.
6. Reporting and Document Retention.
A) The Health Agency must retain copies of all relevant program docuxnents which aze received,
issued, or completed by the Health Agency and must make these documents readily accessible to
the State for review or duplication. These documents include license and permit applications,
licenses, pexmits, inspection reports, enforcement actions, plan review reports, water quality
sample reports. Documents must be retained at least five years.
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MDA Delegation Agreement
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B) Norice to State of Licensed and Permitted Retail Food Establishments. The Health Agency
must provide to the State one copy of the licensed and permitted retail food establishments
schedule pertaining to this Agreement. This must be provided annually by 7uly Ol.
C� When requested by the 5tate, the Health Agency must submit, in the specified format, any
additional information pertaining to activifies in the scope of this agreement.
D) Any changes from the current mechanism for delivery of services for acrivities in this
Agreement must be approved by the State prior to implementation.
7. PilotProlects.
Pilot projects, which deviate from the terms of this agreement, must be approved by the State,
prior to implementing the project. The Health Agency must submit informafion including the
purpose, the length of the project, the method of ineasuring the outcomes, sample size and other
information the State may require. For existing or previously approved pilot projects, at the time
this agreement is signed, the Health Agency must submit the required information within six
months from the date the agreement is signed.
PROGRAM RESPONSIBILITIES OF THE HEALTH AGENCY
1. Inspecrions.
Appendia'IWo
A) The Health Agency and the State shall perform inspecrions utilizing the Minnesota Food
Code's minnnum and maximum standards, including enforcement of other statutes and rules
_. , referenced in the Food Code.
B) The minimum inspection frequency for inspecrions shall be once per year for high-risk
estahlishments, once every eighteen months for medium risk establishments, and once every
twenty-four months for low risk establishments. The Health Agency is encouraged to anspect
more frequently but not required to do so.
C� Establishment risk is using the factors prescribed in Minnesota Statute Chapter 157 and the
policy developed by the State.
D) The Health Agency shall prepaze written inspection reports that contain a statement of the
violation, the conective action necessary for compliance, and set dates for compliance.
Inspection reports and all subsequent regulatory enforcement acfions shall be retained by the
Health Agency and be available for review by the State for five years.
E) The Health Agency is responsible for follow-up inspections of major violations and food
safety issues within two weeks and taking appropriate enforcement action for ensuring
compliance with the Minnesota Food Code. Major violation defined in MS 28A.03 subd. 9 are
food misbranding and food adulterarion.
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F� The Health Agency is responsible for investigarion of food related consumer complaints
involving licensed food establishments and vending machines under this Agreement or of
unlicensed food establishment operarions as defined in the Minnesota Food Code.
G) The Health Agency shall coordinate all food bome illness complaint investigafions with the
state epidemiologisYs office of the Minnesota Departrnent of Health and Minnesota Depaztment
of Agriculture, Dairy and Food Inspection.
E� Complaints involving food bome illness or serious sanitafion issues must be invesfigated
within 24 hrs; complaint of a less serious concem must be invesrigated within 72 hrs or within
three business days.
2. Plan Review.
A) The Health Agency shall review and approve plans and inspect new construction, major
remodeling or conversion of food establishments under this Agreement using the provisions of
the Minnesota Food Code (MN. Rule, Chapter 4626).
B) The State shall not conduct plan reviews in the delegated azeas during the agreement,
however, the State and the Health Agency shall confer during this agreement on plan reviews
when necessary to assure uniformity and assist the Health Agency as necessary.
C) In an effort to promote uniformiry, the Health Agency when reviewing food establistunents
plans, agrees to abide by the recommendarions of the State, when approved in writing as policy
by the Deparhnents of Agriculture or Health.
D) The State recognizes that issues concerning local plan review, address concerns out side the
scope of the Food Code. The State in its oversight will attempt to accommodate these issues.
E) Preview will be part of the evaluafion process.
3. Samplin2.
A) The Health Agency sha11 obtain and submit to the State laboratory, samples requested by the
State in response to complaints, as part of investigarions, in response to food emergencies, as
part of its rourine food sampling survey program, or requested by the State in addressing a
specific concern with the safety or misrepresentation of the State's food supply. Routine surveys
with the Health Agency, when practical, shall be scheduled by the State with not less than a 30-
day notice to the Health Agency.
B) The State shall assume the analytical cost of samples it requests when submitted to the State
laboratory.
C) With prior notice by the Health Agency, the State shall assist in providing analytical services
for specific sample concerns of the Health Agency. These services shall be provided at cost, if
laboratory capacity is available.
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MDA Delegarion Agreement
� 1 -�1f''�
D) The Health Agency shall pxovide durable sampling equipment such as coolers and cold packs.
The State shall supply items such as whifl packs and sample bottles necessary for collection of
samples for laboratory analyses that the State requests.
E) The State will consult with the Health Agency, for recommendafions on sampling surveys
before the beginning of the 5tate's Fiscal Year or July Ol.
� In all cases, the cosb of taking the samples and the delivery of the samples to the State
laboratory shall be the responsibility of the Health Agency.
G) The Health Agency shall obtain and submit samples for analysis using forms provided by the
State, utilizing approved sampling methodologies and following sampling procedures established
by the State. The Health Agency is responsible for submitting proper samples to the State's
analyticallaboratory within the time and sampling constraints allowed by the State,
� Samples may be obtained from any establishments agreed to by the State and Health
Agencies including restaurants.
4. Surveys and Investigations.
The Health Agency agrees to participate in special surveys and investigations that do not include
sampling. These surveys aze to ascertain handling pracfices, lrnowledge, advertising and labeling
pracfices. Whenever possible, the State agrees to provide the Health agency 30 days notice priar
to such surveys and investigations.
5. Food Emeraencies and Recalls.
A) The Health Agency shall take appropriate action as determined by the State for food
emergencies, and food products involved in recall notificarions. At the request of the State, the
Health Agency shall conduct a tracidng system (effectiveness check) for Federal or State
initiated food recalls to assure that affected food products aze removed from sale.
B) Emergencies may include fires, floods, storms or other manmade or natural disasters.
6. ReAOrtin�.
A) The Health Agency shall submit to the State on a monthly basis, no later than the 10� of each
month for the previous month, the following: The number of licensed delegated establistunents
including their risk category. The number and type of inspecrions conducted according to their
risk category. A listing and number of plan reviews, variances completed, and a summary of
enforcement actions taken. Any food borne illnesses suspected or confirmed and any variances
granted.
B) The State shall provide the Health Agency the reporting forms for this function and shail
consider electronic or of inethods acceptable to both parties.
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MAA Delegation Agreement
01 -4 �
C� The Aealth Agency shall report to the State in a fimely manner any unusual occurrences that
may indicate a trend involving the misrepresentarion of food, false advertisement, or any safety
or health issue.
D) The Health Agency shall report all food bome illness to the MN Depariment of Health Food
bome Rlness Hotline and cooperate with the State epidemiologist on invesrigation in delegated
food establishments and shall notify Minnesota Department of Agriculiure within twenty four
hours of an outbreak in a delegated food establishment.
PROGRAM RESPONSIBILITIES OF THE STATE
1. Evaluation.
Appendix 1�'lu
A) The State and Health Agency will conduct an informal evaluation of the program, which it
wi11 conduct semi annually. The State, at its option or at the request of the Health Agency, may
conduct informal training studies in conjunction with the Health Agency to determine training
and program needs. The results aze not part of a formal evaluation.
B) The Health Agency personnel shall sarisfactorily demonstrate competence to the State to
interpret and apply the provisions of the Minnesota Food Code. The State wi11 evaluate the
employee's competence using criteria set forth by the Minnesota Department of Agriculture's
and Minnesota Department of Health's joint manual "Minnesota Food Code Standazdization
Procedures"(which is based upon the United States Public Health Services procedures manual).
In addition, the Food and Drug Administration`s reference document titled "Recommended
National Retail Food Regulatory Proa am Standazds" will be utilized.
C) The State will conduct a formal evaluation of the Iiealth Agency's program, not less than
once every three years, to determine compliance with this agreement. A cvritten report on the
results of the evaluation, including progress made since the last evaluation and identificarion of
any deficiencies, shall be submitted to the Health Agency within 30 days of its complerion.
D) After program evaluarion by the State, the Health Agency, shall be notified in writing as to
whether:
a) The program is acceptable.
b) The agreement is conditionally acceptable.
The evaluation has identified certain specified deficiencies that require conection.
These defaciencies need to be corrected before the next evaluarion or as specified.
c) The program is unacceptable, correction of specific serious deficiencies are
required.
The program is out of compliance with relevant law or rule requirements. The program
may be suspended. The Aealth Agency must submit a plan of correction within 30 days.
After acceptance of the plan by the State, the Health Agency shall return, within 60 days,
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MDA Delegation Agreement
G l -�l�'?
the program to acceptable status or the progam wi11 teimivate. A suspension that last
longer than 6� days shall result in the program's termination.
d) The program is terminated.
The evaluarion has identified certain specified problems, the seriousness of which
requires immediate terminarion of the program.
Terminaflon by the State shall be documented and show how the Health Agency's
program failed to comply with this agreement, State Statutes, State Rules or its
ordinance and by doing so placed the public at risk. if the program terminates, the
Health Agency shall not reapply for a period of two years and the Health Agency agrees
to discontinue inspections and licensing.
Upon ternunation of the delegation agreement, the State will resume inspection of food
establishments covered under the delegafion agreement. This may include licensing by
the State, if the program is to revert to State control.
E) The Aealth Agency aa ees to evaluate the State training and oversight program annually and
support the State's training efforts. Both parties aa ee to allow their staff to participate as
trainers if requested by the State or the Health Agency, as staffing permits.
2) Delegation Evaluation Criteria.
A) Administrative:
1. *Does the Health Agency have at least one assigned liaison personnel?
2. *Does the Health Agency liaison attend mandatory training?
3. Does the delegated Health Agency liaison train their staff in Minnesota Department of
Agriculture procedures?
4. �`Is the Health Agency liaison contact standardized in the retail food establishment (as delegated
in this agreement, including retail grocery and convenience store) setting and have they received
Hazard Analysis Crirical Control Point (HACCP) training?
Date of standardization: Date of HACCP training:
5. Have at least 75 percent of the delegated Health Agency staff involved in the retail food
establishment (as delegated in this agreement, including retail grocery and convenience stare)
inspection, been trained in HACCP and standardization.
6. Does the delegated Health Agency send staff to Minnesota Department of Agriculture training?
7. *Does the Health Agency have adequate staffing to perform all functions of this delegation
agreement?
8. Does the Health Agency employ staff capable of becoming Registered
SanitariansBnvironmental Health Specialists within two years?
9. *Is there a written plan for workload sharing for vacancies in the program that exist over thirty
days? What agency will do the work?
10. *Does the Health Agency issue licenses or perxnits for all delegated firms?
1L Has the Health Agency provided the State'with a copy of its fee structure for licensing?
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MDA Delegation Agreement
i2.
13.
14.
15.
oi-yY1
*Does the Health Agency enforce the minimum and mazcimum standards found in the Mimiesota
Food Code (Minnesota rule chapter 4626), State statutes, and State rules as referenced in the
Minnesota Food Code?
*Does the Health Agency have legal services available to it for perfornvng enforcement actions?
�`Does the Health Agency's management conduct a self-assessment every two yeazs? As part of
this assessment, does the Health Agency maintain baseline data of risk factors and other factors
that may contribute to food bome illness?
*Does the Health Agency have an established program to measure the success in the reduction
of those factors?
B) Field Inspection:
1. *Has the delegated Health Agency performed 100 percent of the high-risk inspections consisring
of at least one routine inspection on at least an annual basis as determined by audit?
2. Has in the delegated Health Agency performed 90 percent of the medium risk inspections
consisting of at least one routine inspection in an 18-month period?
3. Has the delegated Health Agency performed at least 80 percent of the 1ow risk inspecrions
consisting of at least one routine inspecrion in a 24-month period?
4. *Does the Health Agency show proper credentials when entering a firm for conducting an
inspection?
5. *Does the Health Agency provide a copy of a written inspection report to the firm at the
conclusian of an inspection, ar within State approved rimetables?
6. Does the Health Agency perform timely follow-up inspections for noncompliance of previously
issued orders?
7. Does the Health Agency conduct an invesfigation within 24 hours for food bome illness or
serious sanitation issues and within 72 hours or within three business days for less serious
concerns?
8.
9.
1Q.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Does the Health Agency coordinate all food borne illness complaint investigarions with the
Minnesota Department of Health epidemiologist office?
*Does the Health Agency review plans for food establishments and inspect these establishments
for compliance using the Minnesota Food Code requirements?
*Does the delegated Heaith Agency understand and inspect for food standards, labeling,
misbranding and false advertising?
Does the Health Agency perform routine vending machine inspections?
�Does the Health Agency participate in special surveys and investigations that did not include
sampling?
*Has the Health Agency taken appropriate acrion during food emergencies and product recalls.
Has the health agency adequately performed effectiveness checks when requested to do so, have
recalled food products been removed from sale?
Has the staff of the delegated Health Agency performed satisfactorily in the necessary
standazdization inspections?
*Does the Health Agency emphasize a HACCP based approach to inspections?
*Does the Health Agency focus it's inspections on risk factors (5) and Minnesota Food Code
interpretations (4) as described in the Minnesota Department of Agriculture and Minnesota
Deparhnent of Health's joint manual "Minnesota Food Code Standazdization Procedures".
*Does the Health Agency urilize risk control plans?
*Field audits will be conducted jointly by doing a predetermined number of food establishments.
�Pield audits must be conducted utilizing approved methods.
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MDA Delegation Agreement
C� Sampling/Laboratorv:
1. *Does the Health Agency use approved laboratory procedures when submitting samples?
2. Does the Health Agency perform sample surveys in the time and manner prescribed?
3. "Does the Health Agency perform timely follow-up of sampling data?
4. *Has the Health Agency provided its staf£with adequate durable sampling equipment?
5. *Does the Health Agency follow proper procedures conceming chain of custody?
D) RegulatorY Procednres:
� \ -`lP�
1. *Does the Health Agency laave adequate procedures in place for taking regulatory action, which
is comparable to State statute?
2. *Has the Health Agency promulgated an ordinance adopting the Minnesota Food Code,
Minnesota rules chapter 4626?
3. Has the Health Agency taken regulatory acrion against violators?
4. *Does the Health Agency have misdemeanor and felony prosecutlon authority?
E) Reporting and Document Retention:
1. *Has the Health Agency made copies of documents available to the State upon request?
2. Has the Heakh Agency provided a list of licensed and permitted food establishments delegated
under this program?
3. Has the Health Agency provided the State documentation of inspection activiries on a monthly
basis by completing the inspection tracking forms provided by the state?
4. *Does the Health Agency maintain documentation of complaints enforcement actions and
inspectian records for five yeazs?
5. Does the Health Agency maintain documentation of all variances, issued or denied?
In addition to a yes or no answer to the evaluation criteria listed above, at Zeast two written detailed
examples must be written by the State evaluafor for each queslion. Failure to do so will result in the
evaluation being returned to the State evaluator for completion. The State evaluator must accurately
def ne the def ciency and cleardy stttte how ihey came to their conclusion Zhat the Healtk Agency did
nof ineef acceptable sfandards and what is necessary to correct the deficiency.
F� Narrative Items to be Comnleted bv the State:
G) Corrective Items:
('� Items are considered major deviations requiring immediate attention)
� Additional Comments or Concerns:
n Recommendations:
.� Overall Evaluation:
I� Health A�encY Comments and Concerns:
(Smnmarize major concerns of Health Agency)
-16-
IvIDA Delegation Agreement
Appendix Fonr
ADNIINISTRATTVE RESPONSIBILITIES OF THE STATE.
A. Trainin2 and Technical Assisfance.
o� -yY�
The State will provide orientation, training, consultation on problems, and other supportive services
for the environmental health staff of the Health Agency. The State will also provide consultafion and
advice on rules promulgated by the State, wluch are to be enforced by the Health Agency. The State
must provide administrative and teclmical assistance and consultation to the Health Agency. Such
assistance may include:
a. assistance with program administrafion;
b. development and availability of shared software;
c. review of documents;
d. standazdization training for inspections;
e. consultation on individual cases;
f. consultation on enforcement acrions;
g. availability of copies of State publications, brochures, and fact sheets.
„ B. Core Funcrions. The State will provide various core funcrions including the following:
b. local agency staff training and standazdization;
c. program evaluation;
a. statewide leadership and direction;
d. coordination acrivities for food and waterbome outbreaks; in 28A food establishments.
e. representation on the Govemor's Food Safety Committee;
f. drafting legislatian and administrative rules;
g. legislative assistance;
h. development of new methodologies;
i. researching and responding to information and policy requests from local agency staff and
industry;
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MDA Delegation Agreexnent
o � -yr1
j. Coordinate statewide food sampling program;
k. providmg training sessions and coordinarion meetings and conferences;
L data collecfion, compiling and interpretarion;
m. program research activities;
n. liaison with the Food and Drug Adminis�afion and United States Department of Agriculture,
Food Safety Inspection Service;
o. program support for statewide committees such as the Environmental Health Council and the
Interagency Review Council;
p. dissemination of infornzation by e-mail, broadcast fax, other methods;
q. emergency response planning and support; and
r. establishment of new policies and procedures.
€
-18-
Council File # �l —�14'�
'����1��4�L
Resolution #
Green Sheet # `����
RESOLUTION
CIN OF SAWT PAUL, MINNESOTA
Presented By
Referred To
1�
Committee: Date
2 WHEREAS, the Minnesota State Legislature enacted Cttapter 28A of Minnesota Statutes to effect an efficient and
3 simple form of licensing by eliminating duplicate licensing and inspecrion by both the commissioner of the
4 Minnesota Department of Agriculture and local boards of health of retail food handlers that aze grocery or
5 convenience stores; and
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WHEREAS, Chapter 28A.075 requires that the commissioner of the Minnesota Departsnent of Agriculture must
delegate the licensing and inspection duties of the commissioner pertaining to retail food handlers that are grocery
or convenience stores to local boards of health who request such delegation; and
WHEREAS, the proposed delegation agreement between the commissioner of the Minnesota Department of
Agriculture and local boards of health also requires that local boazds of health inspect and license vending machines
and food establishments that are referenced in Minnesota Rules Chapter 4626.OQ20 subp. 35, within their
jurisdiction; and
WfIEREAS, the City of Saint Paul, in its capacity as a local board of health, desires to enter into a delegation
agreement with the commissioner of the Minnesota Department of Agriculture to license and inspect retail food
handlers that are grocery or convenience stores, vending machines and food establishments that are referenced in
Minnesota Rules Chapter 4626.0020 subp. 35, within the City of Saint PauPs jurisdiction; and
WHEREAS, the commissioner of the Minnesota Department of Agriculture and the City of Saint Paul desire to
effect an efficient and simple form of licensing by eliminating duplicate licensing and inspection of wholesale food
handlers and wholesale food processors and manufacturers; and
WHEREAS, the delegation agreement between the Minnesota Deparisnent of Agriculture and the City of Saint Paul
requires the City of Saint Paul to discontinue the licensing and inspecting of any establishment that the State
Department of Agriculture licenses and inspects as a wholesale food handler, wholesale food processor or
manufacturer, food broker (as defined in Minnesota Statute Section 28A.05), or any combination food
establishments with less than 50 percent of the food operation as retail; and
WfIEREAS, if the City of Saint Paul does not agree to accept the delegation agreement between the commissioner
of the Minnesota Department of Agricuiture and the City of Saint Paul, the City of Saint Paul will no longer be
allowed to license, collect fees, inspect or regulate any retaii food handlers that are grocery or convenience stores,
vending machines and food establishments that aze referenced in Minnesota Rules Chapter 4626.Q020 subp. 35,
within the City of Saint Paul's jurisdicrion; and
WHEREAS, if the City of Saint Paul is no longer allowed to license, collect fees, inspect or regulate any food
handlers that aze grocery or convenience stores, vending machines and food establishments, it will result in a loss of
approximately $105,000 in license revenue•, now, therefore, be it p
5 RESOLVED, that the Council of the City of Saint Paul hereby authorizes the City of Saint Paul to enter into an
6 agreement with the commissioner of the Minnesota Department of Agriculture to exciusively license and inspect
7 retail food handlers that are grocery or convenience stores, vending machines and food establishments that are
8 referenced in Minnesota Rules Chapter 4626.0020 subp. 35, within the City of Saint Paul's jurisdiction; and be it
9
10 �'LTIZTAER RESOLVED, that the City of Saint Paul will, within two years of the date of this agreement,
11 discontinue the licensing and inspecting of any establishment that the State Department of Agriculture licenses and
12 inspects as a wholesale food handler, wholesale food processor or manufacturer, food broker (as defined in
13 Minnesota Statute Section 28A.05), or any combination food establishments with less than 50 percent of the food
14 operation as retaii.
IS
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Requested by Department of:
Office of License, Inspections and
Enviro tal Protecti
By-
Form Appr ved by City rney
By: �
Approved by Mayor for Submission to
Council
By: �L,�'12i.0 �!//U/r'�-c� �
l
Adopted by Council: Date 1
Adoption Certified by Council Secretary
OFFICE OF'LIEP Date= GREEI� SHEET
Roger Curtis March 7, 2ooi
266-9013 �N� 103813 °i"yY�
1 SPAR'R'�MS DIRECTOR 5 ITY CWNCIL
, 2 ITY ATTORNEY ITY CLEftK
��
St be on Council Agenda by: � 3�Ex aixaczox IN. & MGT- SVC. DIR.
A�J YOR (OR ASSISTANP)
OTAL # OF SIGNATORE PAGBS 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
resolution authorizing the City of Saint Paul to enter into a delegation
greement with the Minnesota Department of Agriculture to exclusively license
nd inspect retail food handlers. (grocery and convenience stores), vending
achines and food establishments.
COMNIENDATIONS: APPROVE (A) OR RSJECT (It) . BRSONhL SSAVZCS CONTRt�CTS MUST ANSf/8R T88._FOLLOSQING: ����
�?���°
PLANNING COh4tISSION CIVIL SERVICE CO[MfISSION Has the person/fiim eVeY WOrked undeY a ContYact fq �dBpartment?
CIB COMMITTEE A BUSINESS REVIEW COUNCIL YES NO �, ¢�d���o'��-
STAFF Has this person/firm ever been a City emplo}Tee'? g � y�T�
DI5IRICT WUAT _ ,�es this person/firm possess a skill not normallk��s�seV ��a�ny
PORTS WHICH COUNCIL OBJECTIVE? Current City employee? ��
YBS NO
Iain aIY Y85 aaswers oa a aeparate aheet and attach.
IIdITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Wh�Z}:
Fn-1999, the Minnesota State Legislature passed a measure th-at required
unicipalities to enter into a delegation agreement with the Department of
griculture to license and inspect all grocery and convenience stores, vending
achines and food-establishments within the municipality, or, the municipality
oe�ld be required to relinquish.all license. and inspection duties of these
usinesses to the Department of Agriculture. The Office of LIEP desires_to
er�ter into a delegation agreement and assume full license and inspection duties
f these businesses.
VANTAGES IF APPROVED:
rocery and restaurant store owners and vending machine and food license
o7ders wi11 not have to obtain a license from the Minnesota Department of
griculture; also, these businesses will only be licensed by one entity, the
ffYCe of LIEP.
ISAIYVANTAGES IF APPROVED:
he Office of LIEP will need to increase its budget and hire a staff person to
ontend with the increased inspection duties; this budget increase will be
ffset by the increase in license revenue generatec� from a slight increase in
license fees for grocery and convenience stores, vending machines and food
estabtishments.
ISADVANTAGES IF NOT APPROVED:
IEP wiYl lose approximately $105,000.00 in license revenue.
OTAL AMOTJN'I' OF TRANSACTION S COST/REVENUE BUDGETED YES NO
UNDII3G SOURCE ACTIVITY Ni3MBER
INANCIAL II3FORMATION: (EXPLAIN) �T j �� �g
p �,+ �3
�.�.
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Minnesota De�artment of Agriculture
b`INAL COPY
OI-OS-Ol
Minnesota Department of Agriculture
Dairy and Food Inspection Division
90 West Plato Blvd.
St. Paul, MN 55107
DELEGATION AGREEMENT
Terms of Agreement
o � -�t S?
THIS AGREEMENT, effective on the first day of, is made and entered into, by and between the
Commissioner of Agriculture, hereinafter the "State," and Ramsev County, hereinafter the "Health
Agency", pursuant to Minnesota Statutes, secfions 28A.0�5, and 145A.03 and other applicable Statutes.
WHEREAS, the State, as set out in Minnesota Stahxtes, Chapters 17, 28A, and 31, has the responsibility
to inspect and regulate facilities for the purpose of preventing and minimizing communicable disease and
environmental health hazards; and to inspect and regulate food establishments and vending machines for
the purpose of £iirthering the public interest in a safe, wholesome unadulterated and pzoper]y represented
and advertised food supply; and
WHEREAS, Nlinnesota Statutes Section 28A.075 (Supp1999), provides that the State must enter into
agreements with local boazds of health to delegate certain licensing and inspection duties of the
Commissioner of Agriculture pertaining to food handlers that are grocery or convenience stores; and
WHEREAS, Minnesota Statutes, Secrion 28A.09 allows the Health Agency to license and inspect
vending machines; and
WHEREAS, Minnesota Statutes 1998, Secfion 31.04 authorizes State agents to enter and inspect food
establishments; and
WHEREAS, it has been detemrined that the Health Agency has an environmental health staff capable of
providing technical advice, reviewing plans, collecting food samples, inspecting food establishments and
enforcing the statutes and nzles of the State for the types of facilities set forth in Minnesota Statutes,
Secrion, 28A.05(a).
NOW, THEREFORE, THE STATE AND THE HEALTli AGENCY JOINTLY AGREE as
follows:
90 West Piato Boulevard - Saint Paul, Minnesota 55107-2094 •(651) 297-2200 � TT1 (651) 297-535371-800-6273529 •
An equal opportuniry ampbyer
MDA Delegarion Agreement
i. scope.
0 t - �tY?
A) T4�e State hereby authorizes the Health Agency to inspect for the piupose of this agreement,
"grocery and convenience stores", vending machines and food establislunents that are referenced
in Minnesota Rules Chapter 4626.6020 subp. 35, within the Health Agency's jurisdiction.
B) This agreement does not include food establishments inspected under the State Meat
Inspection Program in Chapter 31A, food handlers whose principal mode of business would be
licensed by the State as a wholesale food handler, wholesale food processor or manufacturer, or
food broker, under 28A.05 (b), (c) and (d), or any combinarion £ood establishments with less
than 50 percent of the food operation as retail. Determination of principle mode of food business
and predominate business of food sales, including combination food establishments, will be
based upon gross annual food sales percentages. Determination for any new food handler license
will be based upon anticipated future gross annual food sales percentages.
C) Effective within two years from the date of this agreement, the Health Agency agrees to
discontinue licensing and inspecring any establishment that the State licenses and inspects as a
wholesale food handler, wholesale food processor or manufactuter, food broker (as defined in
Minnesota Statute Section 28A.05), or any combinarion food establishments with less than 50
percent of the food operation as retail.
2. Performance of Activities.
A) On the effecrive date of this agreement the State will not perform any of the acrivities that are
delegated under this agreement.
B) This agreement does not limit the authority of the State to inspect establishments in
jurisdictional areas of the Health Agency in response to an emergency, or for the ptupose of
monitoring and evaluating the Health Agency's licensing, inspection and enforcement program,
or at the request of the Health Agency.
C) Except as othenvise noted, on the effective date of this agreement, the State will discontinue
all licensing and inspecrion duties and activities pertaining to those "retail groceries and
convenience stores" including those establislunents defined as food establishments in the
Minnesota Food Code (Minnesota Rules Chapter 4626). The Aealth Agency agrees to undertake
all the delegated activiries and will provide to the State appropriate documentarion, concerning
the delegated food establishments.
3. Termination.
This agreement shall continue in effect until terminated by either party. The terminating party
must notify the other party in writing of intent to terminate this agreement no later than six
months prior to the beginning of the calendar year in which the termination will become
effective. If the agreement is terminated for any reason, the Health Agency may not reapply for
the program for rivo yeazs from the beginning of the calendar year following ternunation. The
State may terminate for cause of not living up to this agteement or appendixes.
-2-
1�IDA Delegation Agreement
4. Other A¢reements / Appendiaes.
o i -yr�
A) It is understood and agreed that the entire agreement of the parties is contained in this
document and that this agreement supersedes any other agreements between the parties, either
verbal or written, pertaining to the subject matter of this agreement.
B) Any amendment to or waiver from this agreement must be in writing and executed by both
parties.
C) Details as to permits, plan review, inspections, sampling, surveys, emergencies, reporting and
adminis�arive procedures may be agreed to by the State and the Health Agency for
administering this agreement, shall be in writing as appendixes to the agreement.
5. Adoption of Ordinances.
The Heaith Agency must promulgate or confinue in force ordinances authorizing administration
and enforcement of State rules, by incorporaring State rules by reference or adopting State ruies
in their enfirety except for any approved amendments for the regularion of the facilifies idenrified
in the agreement as specified in Appendix One, 1- Ordinance, which is incorporated and made
part of this contract.
6. Oualified Staff.
The Health Agency must retain qualified staff/ Sanitarians to effecrively carry out the delegated
activities of this regulatory program as specified in Appendix One, 2— Staffing, which is
incorporated and made part of this coniract.
7. Program Covera¢e.
Conditions which result in the Health Agency not having qualified staff to carry out this
Agreement as specified in Appendix One, 2— Staffing, which is incorporated and made part of
this document, must be reported to the State within seven days of becoming aware of projected
staff employment termination.
8. Trainin¢.
The Health Agency and the State recognize that properly trained staff is required to assure that
the responsibility to inspect and regulate facilities for the purpose of prevenring and minimizing
communicable disease and environmental health hazards; and to inspect and regulate food
establishments and vending machines for the purpose of assuring the public a safe, wholesome
unadulterated and properly represented and advertised food supply can be effectively carried out.
Training requirements to carry out this agreement are specified in Appendis One, 3— Training,
which is incorporated and made part of this document.
9. Enforcement.
The Health Agency must enforce the applicable portions of Minnesota Statutes, (;hapters 17,
28A, 29, 30, 31, 31A, 32, 33 and 34 and Minnesota Rules, Chapters 1520 —1556, 4626 and any
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successor statute or rule as specified in Appendix One, 5— Enforcement, which is incorporated
and made part of this document.
10. Inspections.
The Heaith Agency and the State shall perform inspections utilizing the Minnesota Food Code's
minimum and maximum standards, including enforcement of other statutes and rutes referenced
in the Food Code. Establishment risk will be determined by using the factors prescribed in
Minnesota Statute Chapter 157 and the policy developed by the State. Appendix Two, 1-
Inspecfions, which is incorporated and made part of this document
I l. Costs to the State.
The Health Agency must perform the inspecrion, licensing, enforcement, and other funcrions
identified in this agreement without cost to the State unless otherwise stated.
12. Variances.
To assure uniformity, the Health Agency shall consult with the State on new and renewal request
for variances from the Minnesota Food Code. The Health Agency shall supply the State a copy
of all variance requests the Health Agency accepts or denies within 30 days.
13. Failure to Perform.
The Health Agency must norify the State immediately if the Aealth Agency determines that it
cannot fulfill its responsibilities under this agreement.
14. Support of the Health A¢ency's Authority.
The State must refer to the Health Agency all matters under the jurisdiction of the Health
Agency, when such matters aze brought to the attention of the State.
15. Dele�ated Yrogram Evaluation.
The State must perform a comprehensive formal evaluarion of the delegated program not less_
than once every three years to determine compliance with this agreement as specified in
Appendix Three, 1- Evaluation, which is incorporated and made part of this document. The
State shall evaluate the Health Agency's performance using the criteria estabiished in Appendis
Three, 2- Delegation Evaluation Criteria, which is incorporated and made part of this
document. Failure of this evaluation will result in terminarion of the agreement. An agreement
that is terminated will result in the State resuming inspection and licensing of food
establishments covered under this agreement. The Health Agency agrees that if the program is
ternunated for cause, they shall stop inspecting and licensing food establishments covered under
this agreement. The Health Agency shall not reapply for a period of two yeazs.
16. Training and Technica! Assistance.
The State shall provide orientarion, training, consultafion on problems, and other supportive
services for the environmental health staff of the Health Agency. See Appendix Four -
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MDA Delegation Agreement
Administrative Responsibilities of the State, which is incorporated and made part of this
document.
17. Liaison with the State.
� \—`�Q�
The Health Agency must assign a person to serve as a liaison, responsible for maintaining
communications as to procedures and acfivities with the State. Informal communications shall
take place weekly to discuss and promote program needs and food safety issues. Both the State
and the Health Agency will support interacrion between their staff.
18. Liaison with the Health Agencv.
The State must assign a person to serve as a liaison, responsible for maintaining communications
as to procedures and activiries with the State. Informal communicataons shall take place weekly
to discuss and promote program needs and food safety issues. Both the State and the Health
Agency will support interaction between their staff.
19. Renegoriation and Void.
Recognizing that certain items contained in this agreement may need to change periodically, the
State and the Health Agency agree that this agreement may be updated or renegotiated at the
request of either party every two years.
If any portion of this agreement is found to violate State or Federal law, such that a portion of the
agreement is void and unenforceable, the remainder of the agreement may continue if both
parties agree.
20. Indemnification, Liabilitv in Force and No Third Partv Benefit.
Neither the State nor the Health Agency assumes liability for the job safety, welfare of the other's
employees, or for the actions or omissions of the other's employees relating to the activiries undertaken
or carried out under this agreement. The State and the Health Agency, Shall each be responsible for their
own employees and their respecrive employees actions. The State shall indemnify and hold hatmless the
Health Agency for the acts and omissions of iYs employees, subject to the provisions and limitations set
forth in Minnesota Statute Section 3.736 et e1. The Health Agency shall defend, indemnify and hold
hazmless the 5tate for acts and omissions of its employees, subject to the provisions and limitations of
Minnesota Statutes Chapter 466.
The Health Agency will not discriminate against any employee or applicant for employment, for reasons
of age, race, creed, color, handicap, marital status, national origin, ancestry, sexual orientation, arrest
record, or conviction record, as provided by state and federal law. The Health Agency agrees to
affirmarive action to ensure equal employment opportunities
This agreement shall be deemed to be for the benefit of the State and the Health Agency only and
shall not be deemed to be for the benefit of any third party or to provide addifional rights and
benefits to the general public; tlus agreement shall not nive rise to any liability to any person in any
case in which neither the State nor the Health Agency would have liability in the absence of this
agreement.
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MDA Delegation Agreement
This Agreement shall be effective on
(date).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duty
authorized officers as of the dates shown below.
NIINNESOTA DEYARTMENT
OF AGRICTJLTURE
LOCAL HEALTH AGENCY
(AGENCI�
By:
Commissioner
Date:
By:
�
By:
�
Date:
As to form and execution
Assistant Attorney General
Date
�
Health Agency Chair
Date:
�
�
Date:
( Citv Commissioner )
O \ —yfi�
Appendix One
ADMINISTRATIVE RESPONSIBILIT'IES OF THE HEALTH AGENCY
1. Ordinance.
A) The Health Agency, within 180 days of the effective date of this agreement, shall adopt as
ordinance the Minnesota Food Code, Minnesota Rules, Chapter 4626, for inspecting food
establishments in its jurisdiction. The ordinance must not be in conflict with standards
established in Minnesota statutes or rules. These adopted ordinances may not be less restricfive
than or in conflict with the provisions of Minnesota Statutes. The Health Agency sha11 provide a
copy of this adoption to the State.
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B) The Health Agency shall enforce the statutes and rules referenced in the Minnesota Food
Code Chapter 4626. As provided for in Minnesota statute chapter 28A.075, the Food Code shall
be the minimum and maximum standazds for food establishments in Minnesota. These
ordinances shall not be more or less restricrive, in conflict with the provisions of 28A .075 *or
other statutes or rules referenced in the Minnesota Food Code.
C) The ordinance must be submitted to the State for review and comment during the Health
Agencies normal promulgation process.
D) The Health Agency must adopt or incorporate any updated rules within 180 days of adoption
by the State. The Heatth Agency must promulgate ordinances for any activity in the scope of
this agreement that is not currently being performed by the Health Agency. These ordinances
must be promulgated within 180 days.
2. Staffing.
A) The Health Agency must retain qualified staff/ Sanitarians to effectively carry out the
delegated activities of this regulatory program. The Health Agency must assure that qualified
staff, except as provided in Appendix One, 2.A.b and 2.A.c will conduct inspections or sanitary
surveys at the establishments in the scope of this agreement.
a) All qualified inspection staff must possess the following qualificarions:
Environmental Health SpecialisU Sanitarian currently registered with the Minnesota
Department of FIealth
OR �
A baccalaureate or post baccalaureate degree in environmental health, sanitary science,
sanitary engineering or other related environmental field which includes at least 30
semester or 45 quarter hour credits in the physical or biological sciences, and become
registered within two years of the date of appointment.
b) Other staff not meeting the requirements of Appendix One, 2.A.a under the supervision
of a registered sanitarian may collect food samples, monitor food temperatures, collect
water samples of public noncommunit,y water supplies, and
assist in performing addifional dufies when supervised onsite by�ualified staff.
c) Other staff not meeting the requirements of Appendix One, 2.A.a, if otherwise agreed to
by the State.
B) The Health Agency shall have a written contingency plan on how it will maintain coverage
during temporary staff absences of more than two weeks using qualified non-State personnel.
The Health Agency shall norify the State. The State must concur on any vacancy that would
exceed 30 days. The State shall be notified immediately if the Health Agency cannot fulfill its
responsibility under this Agreement. Failure to norify the State may result in terminafion of the
agreement at the option of the 5tate. An alternate staffing plan acceptable to the State may be
employed for absences exceeding 30 days.
C) The Health Agency agrees to assign staff as necessary to meet the minimum inspection
frequency and sampling surveys.
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NIDA Delegation Agreement
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D) The State shall provide an inspecrion contact and liaison to assist the Health Agency. The
State's compliance staff will also be available for consultafion.
3. Training.
A) The State will provide to the Health Agency, orientation, on going training, standardization
services, consultation on problems, investigative and other supportive services in the
performance of its duties under the Agreement. The Aealth Agency agrees that all inspection
personnel worldng under this Agreement will receive training by the State. Comparable hzining
sessions offered by other sources (such as the United States Food and Drug Administration and
the Association of Food and Arug O�cials), will be allowed. To assure statewide unifomuty,
such training that would be used to replace the State uniformity training, the Health Agency must
obtain approval by the State prior to attending that training.
B) The State will provide standazdizarion of the Health Agency liaison. It is expected that the
Health Agency liaison will then train additional Health Agency staf£ The State may provide
assistance if needed.
C) The Health Agency must ensure that all registered Environmental Health Specialists/
Sanitarians have the opportunity to obtain at least 24 contact hours of state-approved continuing
education within the staffls two-year registration periods.
D) The Health Agency must ensure that all staff receives the training necessary to maintain
competency in each azea covered by this agreement for which they have responsibility.
E) The State will provide to the Aealth Agency consultation and advice on statutes and rules
promulgated by the State. The Health Agency shall enforce these statutes and rules.
1� The State will provide on-site consultation to the Health Agency's environmental health
program during the agreement.
G) The State shall provide initial8aining necessary for Health Agency personnel in areas where
the State has speciFic skills.
� Opportunities will be available for joint conference participation and training as time permits.
n The State agrees to provide ongoing scheduled training to the Health Agency. The Health
Agency agrees to assign at least one person to attend this training.
,n The Health Agency agrees to attend mandatory training provided by the State including Retail
Standardization and HACCP. The State will identify mandatory training and schedule training to
accommodate the Flealth Agency as much as possible.
4. Permits and Fees.
A) The Health Agency must require that a person obtain a license or permit to operate an
establishment when required under Minnesota Statutes Chapter 28A.
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B) The Health Agency may charge permit, license, or inspecT;on fees for the operation of
establishments and is not limited to fees specified by Minnesota Statutes, Chapter 28A and rules
promulgated there.
C� The Health Agency must provide to the State one copy of the fee schedule pertaining to this
Agreement within 30 days of enactrnent:
5. Enforcement.
A) The Health Agency must enforce the applicable portions of Minnesota Statutes, Chapters
17.04, 28A, 29, 30, 31, 31A, 32, 33 and 34 and Minnesota Rules, Chapters 1520 — 1556, 4626
and any successor statute or rule. In cases where other actions do not produce compliance, the
Health Agency must take appropriate enforcement measures to correct violarions, which have a
high risk of causing illness, injury or fraud. These measures may include the following:
a. administrative hearings;
b. issuance ofcitations;
c. seeking injunctions pursuantto Minnesota Statutes,section 31.031
d, revocation or suspension of licenses pursuant to rules and statutes; or
e. other enforcement actions pursuant to local ordinances.
B) The Health Agency must maintain an enforcement record chronicle for each enfarcement
action, by recording all significant events and their dates, from discovery of a violation to
resolurion and shall provide copies to the State upon request.
C) T'he Health Agency shall provide adminislrative and legal services when regulatory actions
warrant, including civil and criminal enforcement actions. The Health Agency and the State
shall consult to deternune what acrions aze necessary and appropriate.
D) The regulatory solutions available to the Commissioner of Agticulture shall be available to
the Health Agency unless prohibited by statute.
E) Regulatory policy shall be jointly developed during this agreement with the advice of both
agencies and legai counsel.
6. Reporting and Document Retention.
A) The Health Agency must retain copies of all relevant program docuxnents which aze received,
issued, or completed by the Health Agency and must make these documents readily accessible to
the State for review or duplication. These documents include license and permit applications,
licenses, pexmits, inspection reports, enforcement actions, plan review reports, water quality
sample reports. Documents must be retained at least five years.
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MDA Delegation Agreement
a � -y ti'1
B) Norice to State of Licensed and Permitted Retail Food Establishments. The Health Agency
must provide to the State one copy of the licensed and permitted retail food establishments
schedule pertaining to this Agreement. This must be provided annually by 7uly Ol.
C� When requested by the 5tate, the Health Agency must submit, in the specified format, any
additional information pertaining to activifies in the scope of this agreement.
D) Any changes from the current mechanism for delivery of services for acrivities in this
Agreement must be approved by the State prior to implementation.
7. PilotProlects.
Pilot projects, which deviate from the terms of this agreement, must be approved by the State,
prior to implementing the project. The Health Agency must submit informafion including the
purpose, the length of the project, the method of ineasuring the outcomes, sample size and other
information the State may require. For existing or previously approved pilot projects, at the time
this agreement is signed, the Health Agency must submit the required information within six
months from the date the agreement is signed.
PROGRAM RESPONSIBILITIES OF THE HEALTH AGENCY
1. Inspecrions.
Appendia'IWo
A) The Health Agency and the State shall perform inspecrions utilizing the Minnesota Food
Code's minnnum and maximum standards, including enforcement of other statutes and rules
_. , referenced in the Food Code.
B) The minimum inspection frequency for inspecrions shall be once per year for high-risk
estahlishments, once every eighteen months for medium risk establishments, and once every
twenty-four months for low risk establishments. The Health Agency is encouraged to anspect
more frequently but not required to do so.
C� Establishment risk is using the factors prescribed in Minnesota Statute Chapter 157 and the
policy developed by the State.
D) The Health Agency shall prepaze written inspection reports that contain a statement of the
violation, the conective action necessary for compliance, and set dates for compliance.
Inspection reports and all subsequent regulatory enforcement acfions shall be retained by the
Health Agency and be available for review by the State for five years.
E) The Health Agency is responsible for follow-up inspections of major violations and food
safety issues within two weeks and taking appropriate enforcement action for ensuring
compliance with the Minnesota Food Code. Major violation defined in MS 28A.03 subd. 9 are
food misbranding and food adulterarion.
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F� The Health Agency is responsible for investigarion of food related consumer complaints
involving licensed food establishments and vending machines under this Agreement or of
unlicensed food establishment operarions as defined in the Minnesota Food Code.
G) The Health Agency shall coordinate all food bome illness complaint investigafions with the
state epidemiologisYs office of the Minnesota Departrnent of Health and Minnesota Depaztment
of Agriculture, Dairy and Food Inspection.
E� Complaints involving food bome illness or serious sanitafion issues must be invesfigated
within 24 hrs; complaint of a less serious concem must be invesrigated within 72 hrs or within
three business days.
2. Plan Review.
A) The Health Agency shall review and approve plans and inspect new construction, major
remodeling or conversion of food establishments under this Agreement using the provisions of
the Minnesota Food Code (MN. Rule, Chapter 4626).
B) The State shall not conduct plan reviews in the delegated azeas during the agreement,
however, the State and the Health Agency shall confer during this agreement on plan reviews
when necessary to assure uniformity and assist the Health Agency as necessary.
C) In an effort to promote uniformiry, the Health Agency when reviewing food establistunents
plans, agrees to abide by the recommendarions of the State, when approved in writing as policy
by the Deparhnents of Agriculture or Health.
D) The State recognizes that issues concerning local plan review, address concerns out side the
scope of the Food Code. The State in its oversight will attempt to accommodate these issues.
E) Preview will be part of the evaluafion process.
3. Samplin2.
A) The Health Agency sha11 obtain and submit to the State laboratory, samples requested by the
State in response to complaints, as part of investigarions, in response to food emergencies, as
part of its rourine food sampling survey program, or requested by the State in addressing a
specific concern with the safety or misrepresentation of the State's food supply. Routine surveys
with the Health Agency, when practical, shall be scheduled by the State with not less than a 30-
day notice to the Health Agency.
B) The State shall assume the analytical cost of samples it requests when submitted to the State
laboratory.
C) With prior notice by the Health Agency, the State shall assist in providing analytical services
for specific sample concerns of the Health Agency. These services shall be provided at cost, if
laboratory capacity is available.
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MDA Delegarion Agreement
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D) The Health Agency shall pxovide durable sampling equipment such as coolers and cold packs.
The State shall supply items such as whifl packs and sample bottles necessary for collection of
samples for laboratory analyses that the State requests.
E) The State will consult with the Health Agency, for recommendafions on sampling surveys
before the beginning of the 5tate's Fiscal Year or July Ol.
� In all cases, the cosb of taking the samples and the delivery of the samples to the State
laboratory shall be the responsibility of the Health Agency.
G) The Health Agency shall obtain and submit samples for analysis using forms provided by the
State, utilizing approved sampling methodologies and following sampling procedures established
by the State. The Health Agency is responsible for submitting proper samples to the State's
analyticallaboratory within the time and sampling constraints allowed by the State,
� Samples may be obtained from any establishments agreed to by the State and Health
Agencies including restaurants.
4. Surveys and Investigations.
The Health Agency agrees to participate in special surveys and investigations that do not include
sampling. These surveys aze to ascertain handling pracfices, lrnowledge, advertising and labeling
pracfices. Whenever possible, the State agrees to provide the Health agency 30 days notice priar
to such surveys and investigations.
5. Food Emeraencies and Recalls.
A) The Health Agency shall take appropriate action as determined by the State for food
emergencies, and food products involved in recall notificarions. At the request of the State, the
Health Agency shall conduct a tracidng system (effectiveness check) for Federal or State
initiated food recalls to assure that affected food products aze removed from sale.
B) Emergencies may include fires, floods, storms or other manmade or natural disasters.
6. ReAOrtin�.
A) The Health Agency shall submit to the State on a monthly basis, no later than the 10� of each
month for the previous month, the following: The number of licensed delegated establistunents
including their risk category. The number and type of inspecrions conducted according to their
risk category. A listing and number of plan reviews, variances completed, and a summary of
enforcement actions taken. Any food borne illnesses suspected or confirmed and any variances
granted.
B) The State shall provide the Health Agency the reporting forms for this function and shail
consider electronic or of inethods acceptable to both parties.
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C� The Aealth Agency shall report to the State in a fimely manner any unusual occurrences that
may indicate a trend involving the misrepresentarion of food, false advertisement, or any safety
or health issue.
D) The Health Agency shall report all food bome illness to the MN Depariment of Health Food
bome Rlness Hotline and cooperate with the State epidemiologist on invesrigation in delegated
food establishments and shall notify Minnesota Department of Agriculiure within twenty four
hours of an outbreak in a delegated food establishment.
PROGRAM RESPONSIBILITIES OF THE STATE
1. Evaluation.
Appendix 1�'lu
A) The State and Health Agency will conduct an informal evaluation of the program, which it
wi11 conduct semi annually. The State, at its option or at the request of the Health Agency, may
conduct informal training studies in conjunction with the Health Agency to determine training
and program needs. The results aze not part of a formal evaluation.
B) The Health Agency personnel shall sarisfactorily demonstrate competence to the State to
interpret and apply the provisions of the Minnesota Food Code. The State wi11 evaluate the
employee's competence using criteria set forth by the Minnesota Department of Agriculture's
and Minnesota Department of Health's joint manual "Minnesota Food Code Standazdization
Procedures"(which is based upon the United States Public Health Services procedures manual).
In addition, the Food and Drug Administration`s reference document titled "Recommended
National Retail Food Regulatory Proa am Standazds" will be utilized.
C) The State will conduct a formal evaluation of the Iiealth Agency's program, not less than
once every three years, to determine compliance with this agreement. A cvritten report on the
results of the evaluation, including progress made since the last evaluation and identificarion of
any deficiencies, shall be submitted to the Health Agency within 30 days of its complerion.
D) After program evaluarion by the State, the Health Agency, shall be notified in writing as to
whether:
a) The program is acceptable.
b) The agreement is conditionally acceptable.
The evaluation has identified certain specified deficiencies that require conection.
These defaciencies need to be corrected before the next evaluarion or as specified.
c) The program is unacceptable, correction of specific serious deficiencies are
required.
The program is out of compliance with relevant law or rule requirements. The program
may be suspended. The Aealth Agency must submit a plan of correction within 30 days.
After acceptance of the plan by the State, the Health Agency shall return, within 60 days,
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the program to acceptable status or the progam wi11 teimivate. A suspension that last
longer than 6� days shall result in the program's termination.
d) The program is terminated.
The evaluarion has identified certain specified problems, the seriousness of which
requires immediate terminarion of the program.
Terminaflon by the State shall be documented and show how the Health Agency's
program failed to comply with this agreement, State Statutes, State Rules or its
ordinance and by doing so placed the public at risk. if the program terminates, the
Health Agency shall not reapply for a period of two years and the Health Agency agrees
to discontinue inspections and licensing.
Upon ternunation of the delegation agreement, the State will resume inspection of food
establishments covered under the delegafion agreement. This may include licensing by
the State, if the program is to revert to State control.
E) The Aealth Agency aa ees to evaluate the State training and oversight program annually and
support the State's training efforts. Both parties aa ee to allow their staff to participate as
trainers if requested by the State or the Health Agency, as staffing permits.
2) Delegation Evaluation Criteria.
A) Administrative:
1. *Does the Health Agency have at least one assigned liaison personnel?
2. *Does the Health Agency liaison attend mandatory training?
3. Does the delegated Health Agency liaison train their staff in Minnesota Department of
Agriculture procedures?
4. �`Is the Health Agency liaison contact standardized in the retail food establishment (as delegated
in this agreement, including retail grocery and convenience store) setting and have they received
Hazard Analysis Crirical Control Point (HACCP) training?
Date of standardization: Date of HACCP training:
5. Have at least 75 percent of the delegated Health Agency staff involved in the retail food
establishment (as delegated in this agreement, including retail grocery and convenience stare)
inspection, been trained in HACCP and standardization.
6. Does the delegated Health Agency send staff to Minnesota Department of Agriculture training?
7. *Does the Health Agency have adequate staffing to perform all functions of this delegation
agreement?
8. Does the Health Agency employ staff capable of becoming Registered
SanitariansBnvironmental Health Specialists within two years?
9. *Is there a written plan for workload sharing for vacancies in the program that exist over thirty
days? What agency will do the work?
10. *Does the Health Agency issue licenses or perxnits for all delegated firms?
1L Has the Health Agency provided the State'with a copy of its fee structure for licensing?
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MDA Delegation Agreement
i2.
13.
14.
15.
oi-yY1
*Does the Health Agency enforce the minimum and mazcimum standards found in the Mimiesota
Food Code (Minnesota rule chapter 4626), State statutes, and State rules as referenced in the
Minnesota Food Code?
*Does the Health Agency have legal services available to it for perfornvng enforcement actions?
�`Does the Health Agency's management conduct a self-assessment every two yeazs? As part of
this assessment, does the Health Agency maintain baseline data of risk factors and other factors
that may contribute to food bome illness?
*Does the Health Agency have an established program to measure the success in the reduction
of those factors?
B) Field Inspection:
1. *Has the delegated Health Agency performed 100 percent of the high-risk inspections consisring
of at least one routine inspection on at least an annual basis as determined by audit?
2. Has in the delegated Health Agency performed 90 percent of the medium risk inspections
consisting of at least one routine inspection in an 18-month period?
3. Has the delegated Health Agency performed at least 80 percent of the 1ow risk inspecrions
consisting of at least one routine inspecrion in a 24-month period?
4. *Does the Health Agency show proper credentials when entering a firm for conducting an
inspection?
5. *Does the Health Agency provide a copy of a written inspection report to the firm at the
conclusian of an inspection, ar within State approved rimetables?
6. Does the Health Agency perform timely follow-up inspections for noncompliance of previously
issued orders?
7. Does the Health Agency conduct an invesfigation within 24 hours for food bome illness or
serious sanitation issues and within 72 hours or within three business days for less serious
concerns?
8.
9.
1Q.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Does the Health Agency coordinate all food borne illness complaint investigarions with the
Minnesota Department of Health epidemiologist office?
*Does the Health Agency review plans for food establishments and inspect these establishments
for compliance using the Minnesota Food Code requirements?
*Does the delegated Heaith Agency understand and inspect for food standards, labeling,
misbranding and false advertising?
Does the Health Agency perform routine vending machine inspections?
�Does the Health Agency participate in special surveys and investigations that did not include
sampling?
*Has the Health Agency taken appropriate acrion during food emergencies and product recalls.
Has the health agency adequately performed effectiveness checks when requested to do so, have
recalled food products been removed from sale?
Has the staff of the delegated Health Agency performed satisfactorily in the necessary
standazdization inspections?
*Does the Health Agency emphasize a HACCP based approach to inspections?
*Does the Health Agency focus it's inspections on risk factors (5) and Minnesota Food Code
interpretations (4) as described in the Minnesota Department of Agriculture and Minnesota
Deparhnent of Health's joint manual "Minnesota Food Code Standazdization Procedures".
*Does the Health Agency urilize risk control plans?
*Field audits will be conducted jointly by doing a predetermined number of food establishments.
�Pield audits must be conducted utilizing approved methods.
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MDA Delegation Agreement
C� Sampling/Laboratorv:
1. *Does the Health Agency use approved laboratory procedures when submitting samples?
2. Does the Health Agency perform sample surveys in the time and manner prescribed?
3. "Does the Health Agency perform timely follow-up of sampling data?
4. *Has the Health Agency provided its staf£with adequate durable sampling equipment?
5. *Does the Health Agency follow proper procedures conceming chain of custody?
D) RegulatorY Procednres:
� \ -`lP�
1. *Does the Health Agency laave adequate procedures in place for taking regulatory action, which
is comparable to State statute?
2. *Has the Health Agency promulgated an ordinance adopting the Minnesota Food Code,
Minnesota rules chapter 4626?
3. Has the Health Agency taken regulatory acrion against violators?
4. *Does the Health Agency have misdemeanor and felony prosecutlon authority?
E) Reporting and Document Retention:
1. *Has the Health Agency made copies of documents available to the State upon request?
2. Has the Heakh Agency provided a list of licensed and permitted food establishments delegated
under this program?
3. Has the Health Agency provided the State documentation of inspection activiries on a monthly
basis by completing the inspection tracking forms provided by the state?
4. *Does the Health Agency maintain documentation of complaints enforcement actions and
inspectian records for five yeazs?
5. Does the Health Agency maintain documentation of all variances, issued or denied?
In addition to a yes or no answer to the evaluation criteria listed above, at Zeast two written detailed
examples must be written by the State evaluafor for each queslion. Failure to do so will result in the
evaluation being returned to the State evaluator for completion. The State evaluator must accurately
def ne the def ciency and cleardy stttte how ihey came to their conclusion Zhat the Healtk Agency did
nof ineef acceptable sfandards and what is necessary to correct the deficiency.
F� Narrative Items to be Comnleted bv the State:
G) Corrective Items:
('� Items are considered major deviations requiring immediate attention)
� Additional Comments or Concerns:
n Recommendations:
.� Overall Evaluation:
I� Health A�encY Comments and Concerns:
(Smnmarize major concerns of Health Agency)
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IvIDA Delegation Agreement
Appendix Fonr
ADNIINISTRATTVE RESPONSIBILITIES OF THE STATE.
A. Trainin2 and Technical Assisfance.
o� -yY�
The State will provide orientation, training, consultation on problems, and other supportive services
for the environmental health staff of the Health Agency. The State will also provide consultafion and
advice on rules promulgated by the State, wluch are to be enforced by the Health Agency. The State
must provide administrative and teclmical assistance and consultation to the Health Agency. Such
assistance may include:
a. assistance with program administrafion;
b. development and availability of shared software;
c. review of documents;
d. standazdization training for inspections;
e. consultation on individual cases;
f. consultation on enforcement acrions;
g. availability of copies of State publications, brochures, and fact sheets.
„ B. Core Funcrions. The State will provide various core funcrions including the following:
b. local agency staff training and standazdization;
c. program evaluation;
a. statewide leadership and direction;
d. coordination acrivities for food and waterbome outbreaks; in 28A food establishments.
e. representation on the Govemor's Food Safety Committee;
f. drafting legislatian and administrative rules;
g. legislative assistance;
h. development of new methodologies;
i. researching and responding to information and policy requests from local agency staff and
industry;
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MDA Delegation Agreexnent
o � -yr1
j. Coordinate statewide food sampling program;
k. providmg training sessions and coordinarion meetings and conferences;
L data collecfion, compiling and interpretarion;
m. program research activities;
n. liaison with the Food and Drug Adminis�afion and United States Department of Agriculture,
Food Safety Inspection Service;
o. program support for statewide committees such as the Environmental Health Council and the
Interagency Review Council;
p. dissemination of infornzation by e-mail, broadcast fax, other methods;
q. emergency response planning and support; and
r. establishment of new policies and procedures.
€
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Council File # �l —�14'�
'����1��4�L
Resolution #
Green Sheet # `����
RESOLUTION
CIN OF SAWT PAUL, MINNESOTA
Presented By
Referred To
1�
Committee: Date
2 WHEREAS, the Minnesota State Legislature enacted Cttapter 28A of Minnesota Statutes to effect an efficient and
3 simple form of licensing by eliminating duplicate licensing and inspecrion by both the commissioner of the
4 Minnesota Department of Agriculture and local boards of health of retail food handlers that aze grocery or
5 convenience stores; and
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WHEREAS, Chapter 28A.075 requires that the commissioner of the Minnesota Departsnent of Agriculture must
delegate the licensing and inspection duties of the commissioner pertaining to retail food handlers that are grocery
or convenience stores to local boards of health who request such delegation; and
WHEREAS, the proposed delegation agreement between the commissioner of the Minnesota Department of
Agriculture and local boards of health also requires that local boazds of health inspect and license vending machines
and food establishments that are referenced in Minnesota Rules Chapter 4626.OQ20 subp. 35, within their
jurisdiction; and
WfIEREAS, the City of Saint Paul, in its capacity as a local board of health, desires to enter into a delegation
agreement with the commissioner of the Minnesota Department of Agriculture to license and inspect retail food
handlers that are grocery or convenience stores, vending machines and food establishments that are referenced in
Minnesota Rules Chapter 4626.0020 subp. 35, within the City of Saint PauPs jurisdiction; and
WHEREAS, the commissioner of the Minnesota Department of Agriculture and the City of Saint Paul desire to
effect an efficient and simple form of licensing by eliminating duplicate licensing and inspection of wholesale food
handlers and wholesale food processors and manufacturers; and
WHEREAS, the delegation agreement between the Minnesota Deparisnent of Agriculture and the City of Saint Paul
requires the City of Saint Paul to discontinue the licensing and inspecting of any establishment that the State
Department of Agriculture licenses and inspects as a wholesale food handler, wholesale food processor or
manufacturer, food broker (as defined in Minnesota Statute Section 28A.05), or any combination food
establishments with less than 50 percent of the food operation as retail; and
WfIEREAS, if the City of Saint Paul does not agree to accept the delegation agreement between the commissioner
of the Minnesota Department of Agricuiture and the City of Saint Paul, the City of Saint Paul will no longer be
allowed to license, collect fees, inspect or regulate any retaii food handlers that are grocery or convenience stores,
vending machines and food establishments that aze referenced in Minnesota Rules Chapter 4626.Q020 subp. 35,
within the City of Saint Paul's jurisdicrion; and
WHEREAS, if the City of Saint Paul is no longer allowed to license, collect fees, inspect or regulate any food
handlers that aze grocery or convenience stores, vending machines and food establishments, it will result in a loss of
approximately $105,000 in license revenue•, now, therefore, be it p
5 RESOLVED, that the Council of the City of Saint Paul hereby authorizes the City of Saint Paul to enter into an
6 agreement with the commissioner of the Minnesota Department of Agriculture to exciusively license and inspect
7 retail food handlers that are grocery or convenience stores, vending machines and food establishments that are
8 referenced in Minnesota Rules Chapter 4626.0020 subp. 35, within the City of Saint Paul's jurisdiction; and be it
9
10 �'LTIZTAER RESOLVED, that the City of Saint Paul will, within two years of the date of this agreement,
11 discontinue the licensing and inspecting of any establishment that the State Department of Agriculture licenses and
12 inspects as a wholesale food handler, wholesale food processor or manufacturer, food broker (as defined in
13 Minnesota Statute Section 28A.05), or any combination food establishments with less than 50 percent of the food
14 operation as retaii.
IS
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Requested by Department of:
Office of License, Inspections and
Enviro tal Protecti
By-
Form Appr ved by City rney
By: �
Approved by Mayor for Submission to
Council
By: �L,�'12i.0 �!//U/r'�-c� �
l
Adopted by Council: Date 1
Adoption Certified by Council Secretary
OFFICE OF'LIEP Date= GREEI� SHEET
Roger Curtis March 7, 2ooi
266-9013 �N� 103813 °i"yY�
1 SPAR'R'�MS DIRECTOR 5 ITY CWNCIL
, 2 ITY ATTORNEY ITY CLEftK
��
St be on Council Agenda by: � 3�Ex aixaczox IN. & MGT- SVC. DIR.
A�J YOR (OR ASSISTANP)
OTAL # OF SIGNATORE PAGBS 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
resolution authorizing the City of Saint Paul to enter into a delegation
greement with the Minnesota Department of Agriculture to exclusively license
nd inspect retail food handlers. (grocery and convenience stores), vending
achines and food establishments.
COMNIENDATIONS: APPROVE (A) OR RSJECT (It) . BRSONhL SSAVZCS CONTRt�CTS MUST ANSf/8R T88._FOLLOSQING: ����
�?���°
PLANNING COh4tISSION CIVIL SERVICE CO[MfISSION Has the person/fiim eVeY WOrked undeY a ContYact fq �dBpartment?
CIB COMMITTEE A BUSINESS REVIEW COUNCIL YES NO �, ¢�d���o'��-
STAFF Has this person/firm ever been a City emplo}Tee'? g � y�T�
DI5IRICT WUAT _ ,�es this person/firm possess a skill not normallk��s�seV ��a�ny
PORTS WHICH COUNCIL OBJECTIVE? Current City employee? ��
YBS NO
Iain aIY Y85 aaswers oa a aeparate aheet and attach.
IIdITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Wh�Z}:
Fn-1999, the Minnesota State Legislature passed a measure th-at required
unicipalities to enter into a delegation agreement with the Department of
griculture to license and inspect all grocery and convenience stores, vending
achines and food-establishments within the municipality, or, the municipality
oe�ld be required to relinquish.all license. and inspection duties of these
usinesses to the Department of Agriculture. The Office of LIEP desires_to
er�ter into a delegation agreement and assume full license and inspection duties
f these businesses.
VANTAGES IF APPROVED:
rocery and restaurant store owners and vending machine and food license
o7ders wi11 not have to obtain a license from the Minnesota Department of
griculture; also, these businesses will only be licensed by one entity, the
ffYCe of LIEP.
ISAIYVANTAGES IF APPROVED:
he Office of LIEP will need to increase its budget and hire a staff person to
ontend with the increased inspection duties; this budget increase will be
ffset by the increase in license revenue generatec� from a slight increase in
license fees for grocery and convenience stores, vending machines and food
estabtishments.
ISADVANTAGES IF NOT APPROVED:
IEP wiYl lose approximately $105,000.00 in license revenue.
OTAL AMOTJN'I' OF TRANSACTION S COST/REVENUE BUDGETED YES NO
UNDII3G SOURCE ACTIVITY Ni3MBER
INANCIAL II3FORMATION: (EXPLAIN) �T j �� �g
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Minnesota De�artment of Agriculture
b`INAL COPY
OI-OS-Ol
Minnesota Department of Agriculture
Dairy and Food Inspection Division
90 West Plato Blvd.
St. Paul, MN 55107
DELEGATION AGREEMENT
Terms of Agreement
o � -�t S?
THIS AGREEMENT, effective on the first day of, is made and entered into, by and between the
Commissioner of Agriculture, hereinafter the "State," and Ramsev County, hereinafter the "Health
Agency", pursuant to Minnesota Statutes, secfions 28A.0�5, and 145A.03 and other applicable Statutes.
WHEREAS, the State, as set out in Minnesota Stahxtes, Chapters 17, 28A, and 31, has the responsibility
to inspect and regulate facilities for the purpose of preventing and minimizing communicable disease and
environmental health hazards; and to inspect and regulate food establishments and vending machines for
the purpose of £iirthering the public interest in a safe, wholesome unadulterated and pzoper]y represented
and advertised food supply; and
WHEREAS, Nlinnesota Statutes Section 28A.075 (Supp1999), provides that the State must enter into
agreements with local boazds of health to delegate certain licensing and inspection duties of the
Commissioner of Agriculture pertaining to food handlers that are grocery or convenience stores; and
WHEREAS, Minnesota Statutes, Secrion 28A.09 allows the Health Agency to license and inspect
vending machines; and
WHEREAS, Minnesota Statutes 1998, Secfion 31.04 authorizes State agents to enter and inspect food
establishments; and
WHEREAS, it has been detemrined that the Health Agency has an environmental health staff capable of
providing technical advice, reviewing plans, collecting food samples, inspecting food establishments and
enforcing the statutes and nzles of the State for the types of facilities set forth in Minnesota Statutes,
Secrion, 28A.05(a).
NOW, THEREFORE, THE STATE AND THE HEALTli AGENCY JOINTLY AGREE as
follows:
90 West Piato Boulevard - Saint Paul, Minnesota 55107-2094 •(651) 297-2200 � TT1 (651) 297-535371-800-6273529 •
An equal opportuniry ampbyer
MDA Delegarion Agreement
i. scope.
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A) T4�e State hereby authorizes the Health Agency to inspect for the piupose of this agreement,
"grocery and convenience stores", vending machines and food establislunents that are referenced
in Minnesota Rules Chapter 4626.6020 subp. 35, within the Health Agency's jurisdiction.
B) This agreement does not include food establishments inspected under the State Meat
Inspection Program in Chapter 31A, food handlers whose principal mode of business would be
licensed by the State as a wholesale food handler, wholesale food processor or manufacturer, or
food broker, under 28A.05 (b), (c) and (d), or any combinarion £ood establishments with less
than 50 percent of the food operation as retail. Determination of principle mode of food business
and predominate business of food sales, including combination food establishments, will be
based upon gross annual food sales percentages. Determination for any new food handler license
will be based upon anticipated future gross annual food sales percentages.
C) Effective within two years from the date of this agreement, the Health Agency agrees to
discontinue licensing and inspecring any establishment that the State licenses and inspects as a
wholesale food handler, wholesale food processor or manufactuter, food broker (as defined in
Minnesota Statute Section 28A.05), or any combinarion food establishments with less than 50
percent of the food operation as retail.
2. Performance of Activities.
A) On the effecrive date of this agreement the State will not perform any of the acrivities that are
delegated under this agreement.
B) This agreement does not limit the authority of the State to inspect establishments in
jurisdictional areas of the Health Agency in response to an emergency, or for the ptupose of
monitoring and evaluating the Health Agency's licensing, inspection and enforcement program,
or at the request of the Health Agency.
C) Except as othenvise noted, on the effective date of this agreement, the State will discontinue
all licensing and inspecrion duties and activities pertaining to those "retail groceries and
convenience stores" including those establislunents defined as food establishments in the
Minnesota Food Code (Minnesota Rules Chapter 4626). The Aealth Agency agrees to undertake
all the delegated activiries and will provide to the State appropriate documentarion, concerning
the delegated food establishments.
3. Termination.
This agreement shall continue in effect until terminated by either party. The terminating party
must notify the other party in writing of intent to terminate this agreement no later than six
months prior to the beginning of the calendar year in which the termination will become
effective. If the agreement is terminated for any reason, the Health Agency may not reapply for
the program for rivo yeazs from the beginning of the calendar year following ternunation. The
State may terminate for cause of not living up to this agteement or appendixes.
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1�IDA Delegation Agreement
4. Other A¢reements / Appendiaes.
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A) It is understood and agreed that the entire agreement of the parties is contained in this
document and that this agreement supersedes any other agreements between the parties, either
verbal or written, pertaining to the subject matter of this agreement.
B) Any amendment to or waiver from this agreement must be in writing and executed by both
parties.
C) Details as to permits, plan review, inspections, sampling, surveys, emergencies, reporting and
adminis�arive procedures may be agreed to by the State and the Health Agency for
administering this agreement, shall be in writing as appendixes to the agreement.
5. Adoption of Ordinances.
The Heaith Agency must promulgate or confinue in force ordinances authorizing administration
and enforcement of State rules, by incorporaring State rules by reference or adopting State ruies
in their enfirety except for any approved amendments for the regularion of the facilifies idenrified
in the agreement as specified in Appendix One, 1- Ordinance, which is incorporated and made
part of this contract.
6. Oualified Staff.
The Health Agency must retain qualified staff/ Sanitarians to effecrively carry out the delegated
activities of this regulatory program as specified in Appendix One, 2— Staffing, which is
incorporated and made part of this coniract.
7. Program Covera¢e.
Conditions which result in the Health Agency not having qualified staff to carry out this
Agreement as specified in Appendix One, 2— Staffing, which is incorporated and made part of
this document, must be reported to the State within seven days of becoming aware of projected
staff employment termination.
8. Trainin¢.
The Health Agency and the State recognize that properly trained staff is required to assure that
the responsibility to inspect and regulate facilities for the purpose of prevenring and minimizing
communicable disease and environmental health hazards; and to inspect and regulate food
establishments and vending machines for the purpose of assuring the public a safe, wholesome
unadulterated and properly represented and advertised food supply can be effectively carried out.
Training requirements to carry out this agreement are specified in Appendis One, 3— Training,
which is incorporated and made part of this document.
9. Enforcement.
The Health Agency must enforce the applicable portions of Minnesota Statutes, (;hapters 17,
28A, 29, 30, 31, 31A, 32, 33 and 34 and Minnesota Rules, Chapters 1520 —1556, 4626 and any
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IvIDA Delegafion Agreement
� 1- `�1If'�
successor statute or rule as specified in Appendix One, 5— Enforcement, which is incorporated
and made part of this document.
10. Inspections.
The Heaith Agency and the State shall perform inspections utilizing the Minnesota Food Code's
minimum and maximum standards, including enforcement of other statutes and rutes referenced
in the Food Code. Establishment risk will be determined by using the factors prescribed in
Minnesota Statute Chapter 157 and the policy developed by the State. Appendix Two, 1-
Inspecfions, which is incorporated and made part of this document
I l. Costs to the State.
The Health Agency must perform the inspecrion, licensing, enforcement, and other funcrions
identified in this agreement without cost to the State unless otherwise stated.
12. Variances.
To assure uniformity, the Health Agency shall consult with the State on new and renewal request
for variances from the Minnesota Food Code. The Health Agency shall supply the State a copy
of all variance requests the Health Agency accepts or denies within 30 days.
13. Failure to Perform.
The Health Agency must norify the State immediately if the Aealth Agency determines that it
cannot fulfill its responsibilities under this agreement.
14. Support of the Health A¢ency's Authority.
The State must refer to the Health Agency all matters under the jurisdiction of the Health
Agency, when such matters aze brought to the attention of the State.
15. Dele�ated Yrogram Evaluation.
The State must perform a comprehensive formal evaluarion of the delegated program not less_
than once every three years to determine compliance with this agreement as specified in
Appendix Three, 1- Evaluation, which is incorporated and made part of this document. The
State shall evaluate the Health Agency's performance using the criteria estabiished in Appendis
Three, 2- Delegation Evaluation Criteria, which is incorporated and made part of this
document. Failure of this evaluation will result in terminarion of the agreement. An agreement
that is terminated will result in the State resuming inspection and licensing of food
establishments covered under this agreement. The Health Agency agrees that if the program is
ternunated for cause, they shall stop inspecting and licensing food establishments covered under
this agreement. The Health Agency shall not reapply for a period of two yeazs.
16. Training and Technica! Assistance.
The State shall provide orientarion, training, consultafion on problems, and other supportive
services for the environmental health staff of the Health Agency. See Appendix Four -
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MDA Delegation Agreement
Administrative Responsibilities of the State, which is incorporated and made part of this
document.
17. Liaison with the State.
� \—`�Q�
The Health Agency must assign a person to serve as a liaison, responsible for maintaining
communications as to procedures and acfivities with the State. Informal communications shall
take place weekly to discuss and promote program needs and food safety issues. Both the State
and the Health Agency will support interacrion between their staff.
18. Liaison with the Health Agencv.
The State must assign a person to serve as a liaison, responsible for maintaining communications
as to procedures and activiries with the State. Informal communicataons shall take place weekly
to discuss and promote program needs and food safety issues. Both the State and the Health
Agency will support interaction between their staff.
19. Renegoriation and Void.
Recognizing that certain items contained in this agreement may need to change periodically, the
State and the Health Agency agree that this agreement may be updated or renegotiated at the
request of either party every two years.
If any portion of this agreement is found to violate State or Federal law, such that a portion of the
agreement is void and unenforceable, the remainder of the agreement may continue if both
parties agree.
20. Indemnification, Liabilitv in Force and No Third Partv Benefit.
Neither the State nor the Health Agency assumes liability for the job safety, welfare of the other's
employees, or for the actions or omissions of the other's employees relating to the activiries undertaken
or carried out under this agreement. The State and the Health Agency, Shall each be responsible for their
own employees and their respecrive employees actions. The State shall indemnify and hold hatmless the
Health Agency for the acts and omissions of iYs employees, subject to the provisions and limitations set
forth in Minnesota Statute Section 3.736 et e1. The Health Agency shall defend, indemnify and hold
hazmless the 5tate for acts and omissions of its employees, subject to the provisions and limitations of
Minnesota Statutes Chapter 466.
The Health Agency will not discriminate against any employee or applicant for employment, for reasons
of age, race, creed, color, handicap, marital status, national origin, ancestry, sexual orientation, arrest
record, or conviction record, as provided by state and federal law. The Health Agency agrees to
affirmarive action to ensure equal employment opportunities
This agreement shall be deemed to be for the benefit of the State and the Health Agency only and
shall not be deemed to be for the benefit of any third party or to provide addifional rights and
benefits to the general public; tlus agreement shall not nive rise to any liability to any person in any
case in which neither the State nor the Health Agency would have liability in the absence of this
agreement.
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MDA Delegation Agreement
This Agreement shall be effective on
(date).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duty
authorized officers as of the dates shown below.
NIINNESOTA DEYARTMENT
OF AGRICTJLTURE
LOCAL HEALTH AGENCY
(AGENCI�
By:
Commissioner
Date:
By:
�
By:
�
Date:
As to form and execution
Assistant Attorney General
Date
�
Health Agency Chair
Date:
�
�
Date:
( Citv Commissioner )
O \ —yfi�
Appendix One
ADMINISTRATIVE RESPONSIBILIT'IES OF THE HEALTH AGENCY
1. Ordinance.
A) The Health Agency, within 180 days of the effective date of this agreement, shall adopt as
ordinance the Minnesota Food Code, Minnesota Rules, Chapter 4626, for inspecting food
establishments in its jurisdiction. The ordinance must not be in conflict with standards
established in Minnesota statutes or rules. These adopted ordinances may not be less restricfive
than or in conflict with the provisions of Minnesota Statutes. The Health Agency sha11 provide a
copy of this adoption to the State.
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NIDA Delegation Agreement
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B) The Health Agency shall enforce the statutes and rules referenced in the Minnesota Food
Code Chapter 4626. As provided for in Minnesota statute chapter 28A.075, the Food Code shall
be the minimum and maximum standazds for food establishments in Minnesota. These
ordinances shall not be more or less restricrive, in conflict with the provisions of 28A .075 *or
other statutes or rules referenced in the Minnesota Food Code.
C) The ordinance must be submitted to the State for review and comment during the Health
Agencies normal promulgation process.
D) The Health Agency must adopt or incorporate any updated rules within 180 days of adoption
by the State. The Heatth Agency must promulgate ordinances for any activity in the scope of
this agreement that is not currently being performed by the Health Agency. These ordinances
must be promulgated within 180 days.
2. Staffing.
A) The Health Agency must retain qualified staff/ Sanitarians to effectively carry out the
delegated activities of this regulatory program. The Health Agency must assure that qualified
staff, except as provided in Appendix One, 2.A.b and 2.A.c will conduct inspections or sanitary
surveys at the establishments in the scope of this agreement.
a) All qualified inspection staff must possess the following qualificarions:
Environmental Health SpecialisU Sanitarian currently registered with the Minnesota
Department of FIealth
OR �
A baccalaureate or post baccalaureate degree in environmental health, sanitary science,
sanitary engineering or other related environmental field which includes at least 30
semester or 45 quarter hour credits in the physical or biological sciences, and become
registered within two years of the date of appointment.
b) Other staff not meeting the requirements of Appendix One, 2.A.a under the supervision
of a registered sanitarian may collect food samples, monitor food temperatures, collect
water samples of public noncommunit,y water supplies, and
assist in performing addifional dufies when supervised onsite by�ualified staff.
c) Other staff not meeting the requirements of Appendix One, 2.A.a, if otherwise agreed to
by the State.
B) The Health Agency shall have a written contingency plan on how it will maintain coverage
during temporary staff absences of more than two weeks using qualified non-State personnel.
The Health Agency shall norify the State. The State must concur on any vacancy that would
exceed 30 days. The State shall be notified immediately if the Health Agency cannot fulfill its
responsibility under this Agreement. Failure to norify the State may result in terminafion of the
agreement at the option of the 5tate. An alternate staffing plan acceptable to the State may be
employed for absences exceeding 30 days.
C) The Health Agency agrees to assign staff as necessary to meet the minimum inspection
frequency and sampling surveys.
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NIDA Delegation Agreement
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D) The State shall provide an inspecrion contact and liaison to assist the Health Agency. The
State's compliance staff will also be available for consultafion.
3. Training.
A) The State will provide to the Health Agency, orientation, on going training, standardization
services, consultation on problems, investigative and other supportive services in the
performance of its duties under the Agreement. The Aealth Agency agrees that all inspection
personnel worldng under this Agreement will receive training by the State. Comparable hzining
sessions offered by other sources (such as the United States Food and Drug Administration and
the Association of Food and Arug O�cials), will be allowed. To assure statewide unifomuty,
such training that would be used to replace the State uniformity training, the Health Agency must
obtain approval by the State prior to attending that training.
B) The State will provide standazdizarion of the Health Agency liaison. It is expected that the
Health Agency liaison will then train additional Health Agency staf£ The State may provide
assistance if needed.
C) The Health Agency must ensure that all registered Environmental Health Specialists/
Sanitarians have the opportunity to obtain at least 24 contact hours of state-approved continuing
education within the staffls two-year registration periods.
D) The Health Agency must ensure that all staff receives the training necessary to maintain
competency in each azea covered by this agreement for which they have responsibility.
E) The State will provide to the Aealth Agency consultation and advice on statutes and rules
promulgated by the State. The Health Agency shall enforce these statutes and rules.
1� The State will provide on-site consultation to the Health Agency's environmental health
program during the agreement.
G) The State shall provide initial8aining necessary for Health Agency personnel in areas where
the State has speciFic skills.
� Opportunities will be available for joint conference participation and training as time permits.
n The State agrees to provide ongoing scheduled training to the Health Agency. The Health
Agency agrees to assign at least one person to attend this training.
,n The Health Agency agrees to attend mandatory training provided by the State including Retail
Standardization and HACCP. The State will identify mandatory training and schedule training to
accommodate the Flealth Agency as much as possible.
4. Permits and Fees.
A) The Health Agency must require that a person obtain a license or permit to operate an
establishment when required under Minnesota Statutes Chapter 28A.
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MDA Delegation Agreement
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B) The Health Agency may charge permit, license, or inspecT;on fees for the operation of
establishments and is not limited to fees specified by Minnesota Statutes, Chapter 28A and rules
promulgated there.
C� The Health Agency must provide to the State one copy of the fee schedule pertaining to this
Agreement within 30 days of enactrnent:
5. Enforcement.
A) The Health Agency must enforce the applicable portions of Minnesota Statutes, Chapters
17.04, 28A, 29, 30, 31, 31A, 32, 33 and 34 and Minnesota Rules, Chapters 1520 — 1556, 4626
and any successor statute or rule. In cases where other actions do not produce compliance, the
Health Agency must take appropriate enforcement measures to correct violarions, which have a
high risk of causing illness, injury or fraud. These measures may include the following:
a. administrative hearings;
b. issuance ofcitations;
c. seeking injunctions pursuantto Minnesota Statutes,section 31.031
d, revocation or suspension of licenses pursuant to rules and statutes; or
e. other enforcement actions pursuant to local ordinances.
B) The Health Agency must maintain an enforcement record chronicle for each enfarcement
action, by recording all significant events and their dates, from discovery of a violation to
resolurion and shall provide copies to the State upon request.
C) T'he Health Agency shall provide adminislrative and legal services when regulatory actions
warrant, including civil and criminal enforcement actions. The Health Agency and the State
shall consult to deternune what acrions aze necessary and appropriate.
D) The regulatory solutions available to the Commissioner of Agticulture shall be available to
the Health Agency unless prohibited by statute.
E) Regulatory policy shall be jointly developed during this agreement with the advice of both
agencies and legai counsel.
6. Reporting and Document Retention.
A) The Health Agency must retain copies of all relevant program docuxnents which aze received,
issued, or completed by the Health Agency and must make these documents readily accessible to
the State for review or duplication. These documents include license and permit applications,
licenses, pexmits, inspection reports, enforcement actions, plan review reports, water quality
sample reports. Documents must be retained at least five years.
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MDA Delegation Agreement
a � -y ti'1
B) Norice to State of Licensed and Permitted Retail Food Establishments. The Health Agency
must provide to the State one copy of the licensed and permitted retail food establishments
schedule pertaining to this Agreement. This must be provided annually by 7uly Ol.
C� When requested by the 5tate, the Health Agency must submit, in the specified format, any
additional information pertaining to activifies in the scope of this agreement.
D) Any changes from the current mechanism for delivery of services for acrivities in this
Agreement must be approved by the State prior to implementation.
7. PilotProlects.
Pilot projects, which deviate from the terms of this agreement, must be approved by the State,
prior to implementing the project. The Health Agency must submit informafion including the
purpose, the length of the project, the method of ineasuring the outcomes, sample size and other
information the State may require. For existing or previously approved pilot projects, at the time
this agreement is signed, the Health Agency must submit the required information within six
months from the date the agreement is signed.
PROGRAM RESPONSIBILITIES OF THE HEALTH AGENCY
1. Inspecrions.
Appendia'IWo
A) The Health Agency and the State shall perform inspecrions utilizing the Minnesota Food
Code's minnnum and maximum standards, including enforcement of other statutes and rules
_. , referenced in the Food Code.
B) The minimum inspection frequency for inspecrions shall be once per year for high-risk
estahlishments, once every eighteen months for medium risk establishments, and once every
twenty-four months for low risk establishments. The Health Agency is encouraged to anspect
more frequently but not required to do so.
C� Establishment risk is using the factors prescribed in Minnesota Statute Chapter 157 and the
policy developed by the State.
D) The Health Agency shall prepaze written inspection reports that contain a statement of the
violation, the conective action necessary for compliance, and set dates for compliance.
Inspection reports and all subsequent regulatory enforcement acfions shall be retained by the
Health Agency and be available for review by the State for five years.
E) The Health Agency is responsible for follow-up inspections of major violations and food
safety issues within two weeks and taking appropriate enforcement action for ensuring
compliance with the Minnesota Food Code. Major violation defined in MS 28A.03 subd. 9 are
food misbranding and food adulterarion.
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NIDA Delegation Agreement
o�-�Y1
F� The Health Agency is responsible for investigarion of food related consumer complaints
involving licensed food establishments and vending machines under this Agreement or of
unlicensed food establishment operarions as defined in the Minnesota Food Code.
G) The Health Agency shall coordinate all food bome illness complaint investigafions with the
state epidemiologisYs office of the Minnesota Departrnent of Health and Minnesota Depaztment
of Agriculture, Dairy and Food Inspection.
E� Complaints involving food bome illness or serious sanitafion issues must be invesfigated
within 24 hrs; complaint of a less serious concem must be invesrigated within 72 hrs or within
three business days.
2. Plan Review.
A) The Health Agency shall review and approve plans and inspect new construction, major
remodeling or conversion of food establishments under this Agreement using the provisions of
the Minnesota Food Code (MN. Rule, Chapter 4626).
B) The State shall not conduct plan reviews in the delegated azeas during the agreement,
however, the State and the Health Agency shall confer during this agreement on plan reviews
when necessary to assure uniformity and assist the Health Agency as necessary.
C) In an effort to promote uniformiry, the Health Agency when reviewing food establistunents
plans, agrees to abide by the recommendarions of the State, when approved in writing as policy
by the Deparhnents of Agriculture or Health.
D) The State recognizes that issues concerning local plan review, address concerns out side the
scope of the Food Code. The State in its oversight will attempt to accommodate these issues.
E) Preview will be part of the evaluafion process.
3. Samplin2.
A) The Health Agency sha11 obtain and submit to the State laboratory, samples requested by the
State in response to complaints, as part of investigarions, in response to food emergencies, as
part of its rourine food sampling survey program, or requested by the State in addressing a
specific concern with the safety or misrepresentation of the State's food supply. Routine surveys
with the Health Agency, when practical, shall be scheduled by the State with not less than a 30-
day notice to the Health Agency.
B) The State shall assume the analytical cost of samples it requests when submitted to the State
laboratory.
C) With prior notice by the Health Agency, the State shall assist in providing analytical services
for specific sample concerns of the Health Agency. These services shall be provided at cost, if
laboratory capacity is available.
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MDA Delegarion Agreement
� 1 -�1f''�
D) The Health Agency shall pxovide durable sampling equipment such as coolers and cold packs.
The State shall supply items such as whifl packs and sample bottles necessary for collection of
samples for laboratory analyses that the State requests.
E) The State will consult with the Health Agency, for recommendafions on sampling surveys
before the beginning of the 5tate's Fiscal Year or July Ol.
� In all cases, the cosb of taking the samples and the delivery of the samples to the State
laboratory shall be the responsibility of the Health Agency.
G) The Health Agency shall obtain and submit samples for analysis using forms provided by the
State, utilizing approved sampling methodologies and following sampling procedures established
by the State. The Health Agency is responsible for submitting proper samples to the State's
analyticallaboratory within the time and sampling constraints allowed by the State,
� Samples may be obtained from any establishments agreed to by the State and Health
Agencies including restaurants.
4. Surveys and Investigations.
The Health Agency agrees to participate in special surveys and investigations that do not include
sampling. These surveys aze to ascertain handling pracfices, lrnowledge, advertising and labeling
pracfices. Whenever possible, the State agrees to provide the Health agency 30 days notice priar
to such surveys and investigations.
5. Food Emeraencies and Recalls.
A) The Health Agency shall take appropriate action as determined by the State for food
emergencies, and food products involved in recall notificarions. At the request of the State, the
Health Agency shall conduct a tracidng system (effectiveness check) for Federal or State
initiated food recalls to assure that affected food products aze removed from sale.
B) Emergencies may include fires, floods, storms or other manmade or natural disasters.
6. ReAOrtin�.
A) The Health Agency shall submit to the State on a monthly basis, no later than the 10� of each
month for the previous month, the following: The number of licensed delegated establistunents
including their risk category. The number and type of inspecrions conducted according to their
risk category. A listing and number of plan reviews, variances completed, and a summary of
enforcement actions taken. Any food borne illnesses suspected or confirmed and any variances
granted.
B) The State shall provide the Health Agency the reporting forms for this function and shail
consider electronic or of inethods acceptable to both parties.
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MAA Delegation Agreement
01 -4 �
C� The Aealth Agency shall report to the State in a fimely manner any unusual occurrences that
may indicate a trend involving the misrepresentarion of food, false advertisement, or any safety
or health issue.
D) The Health Agency shall report all food bome illness to the MN Depariment of Health Food
bome Rlness Hotline and cooperate with the State epidemiologist on invesrigation in delegated
food establishments and shall notify Minnesota Department of Agriculiure within twenty four
hours of an outbreak in a delegated food establishment.
PROGRAM RESPONSIBILITIES OF THE STATE
1. Evaluation.
Appendix 1�'lu
A) The State and Health Agency will conduct an informal evaluation of the program, which it
wi11 conduct semi annually. The State, at its option or at the request of the Health Agency, may
conduct informal training studies in conjunction with the Health Agency to determine training
and program needs. The results aze not part of a formal evaluation.
B) The Health Agency personnel shall sarisfactorily demonstrate competence to the State to
interpret and apply the provisions of the Minnesota Food Code. The State wi11 evaluate the
employee's competence using criteria set forth by the Minnesota Department of Agriculture's
and Minnesota Department of Health's joint manual "Minnesota Food Code Standazdization
Procedures"(which is based upon the United States Public Health Services procedures manual).
In addition, the Food and Drug Administration`s reference document titled "Recommended
National Retail Food Regulatory Proa am Standazds" will be utilized.
C) The State will conduct a formal evaluation of the Iiealth Agency's program, not less than
once every three years, to determine compliance with this agreement. A cvritten report on the
results of the evaluation, including progress made since the last evaluation and identificarion of
any deficiencies, shall be submitted to the Health Agency within 30 days of its complerion.
D) After program evaluarion by the State, the Health Agency, shall be notified in writing as to
whether:
a) The program is acceptable.
b) The agreement is conditionally acceptable.
The evaluation has identified certain specified deficiencies that require conection.
These defaciencies need to be corrected before the next evaluarion or as specified.
c) The program is unacceptable, correction of specific serious deficiencies are
required.
The program is out of compliance with relevant law or rule requirements. The program
may be suspended. The Aealth Agency must submit a plan of correction within 30 days.
After acceptance of the plan by the State, the Health Agency shall return, within 60 days,
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MDA Delegation Agreement
G l -�l�'?
the program to acceptable status or the progam wi11 teimivate. A suspension that last
longer than 6� days shall result in the program's termination.
d) The program is terminated.
The evaluarion has identified certain specified problems, the seriousness of which
requires immediate terminarion of the program.
Terminaflon by the State shall be documented and show how the Health Agency's
program failed to comply with this agreement, State Statutes, State Rules or its
ordinance and by doing so placed the public at risk. if the program terminates, the
Health Agency shall not reapply for a period of two years and the Health Agency agrees
to discontinue inspections and licensing.
Upon ternunation of the delegation agreement, the State will resume inspection of food
establishments covered under the delegafion agreement. This may include licensing by
the State, if the program is to revert to State control.
E) The Aealth Agency aa ees to evaluate the State training and oversight program annually and
support the State's training efforts. Both parties aa ee to allow their staff to participate as
trainers if requested by the State or the Health Agency, as staffing permits.
2) Delegation Evaluation Criteria.
A) Administrative:
1. *Does the Health Agency have at least one assigned liaison personnel?
2. *Does the Health Agency liaison attend mandatory training?
3. Does the delegated Health Agency liaison train their staff in Minnesota Department of
Agriculture procedures?
4. �`Is the Health Agency liaison contact standardized in the retail food establishment (as delegated
in this agreement, including retail grocery and convenience store) setting and have they received
Hazard Analysis Crirical Control Point (HACCP) training?
Date of standardization: Date of HACCP training:
5. Have at least 75 percent of the delegated Health Agency staff involved in the retail food
establishment (as delegated in this agreement, including retail grocery and convenience stare)
inspection, been trained in HACCP and standardization.
6. Does the delegated Health Agency send staff to Minnesota Department of Agriculture training?
7. *Does the Health Agency have adequate staffing to perform all functions of this delegation
agreement?
8. Does the Health Agency employ staff capable of becoming Registered
SanitariansBnvironmental Health Specialists within two years?
9. *Is there a written plan for workload sharing for vacancies in the program that exist over thirty
days? What agency will do the work?
10. *Does the Health Agency issue licenses or perxnits for all delegated firms?
1L Has the Health Agency provided the State'with a copy of its fee structure for licensing?
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MDA Delegation Agreement
i2.
13.
14.
15.
oi-yY1
*Does the Health Agency enforce the minimum and mazcimum standards found in the Mimiesota
Food Code (Minnesota rule chapter 4626), State statutes, and State rules as referenced in the
Minnesota Food Code?
*Does the Health Agency have legal services available to it for perfornvng enforcement actions?
�`Does the Health Agency's management conduct a self-assessment every two yeazs? As part of
this assessment, does the Health Agency maintain baseline data of risk factors and other factors
that may contribute to food bome illness?
*Does the Health Agency have an established program to measure the success in the reduction
of those factors?
B) Field Inspection:
1. *Has the delegated Health Agency performed 100 percent of the high-risk inspections consisring
of at least one routine inspection on at least an annual basis as determined by audit?
2. Has in the delegated Health Agency performed 90 percent of the medium risk inspections
consisting of at least one routine inspection in an 18-month period?
3. Has the delegated Health Agency performed at least 80 percent of the 1ow risk inspecrions
consisting of at least one routine inspecrion in a 24-month period?
4. *Does the Health Agency show proper credentials when entering a firm for conducting an
inspection?
5. *Does the Health Agency provide a copy of a written inspection report to the firm at the
conclusian of an inspection, ar within State approved rimetables?
6. Does the Health Agency perform timely follow-up inspections for noncompliance of previously
issued orders?
7. Does the Health Agency conduct an invesfigation within 24 hours for food bome illness or
serious sanitation issues and within 72 hours or within three business days for less serious
concerns?
8.
9.
1Q.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Does the Health Agency coordinate all food borne illness complaint investigarions with the
Minnesota Department of Health epidemiologist office?
*Does the Health Agency review plans for food establishments and inspect these establishments
for compliance using the Minnesota Food Code requirements?
*Does the delegated Heaith Agency understand and inspect for food standards, labeling,
misbranding and false advertising?
Does the Health Agency perform routine vending machine inspections?
�Does the Health Agency participate in special surveys and investigations that did not include
sampling?
*Has the Health Agency taken appropriate acrion during food emergencies and product recalls.
Has the health agency adequately performed effectiveness checks when requested to do so, have
recalled food products been removed from sale?
Has the staff of the delegated Health Agency performed satisfactorily in the necessary
standazdization inspections?
*Does the Health Agency emphasize a HACCP based approach to inspections?
*Does the Health Agency focus it's inspections on risk factors (5) and Minnesota Food Code
interpretations (4) as described in the Minnesota Department of Agriculture and Minnesota
Deparhnent of Health's joint manual "Minnesota Food Code Standazdization Procedures".
*Does the Health Agency urilize risk control plans?
*Field audits will be conducted jointly by doing a predetermined number of food establishments.
�Pield audits must be conducted utilizing approved methods.
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MDA Delegation Agreement
C� Sampling/Laboratorv:
1. *Does the Health Agency use approved laboratory procedures when submitting samples?
2. Does the Health Agency perform sample surveys in the time and manner prescribed?
3. "Does the Health Agency perform timely follow-up of sampling data?
4. *Has the Health Agency provided its staf£with adequate durable sampling equipment?
5. *Does the Health Agency follow proper procedures conceming chain of custody?
D) RegulatorY Procednres:
� \ -`lP�
1. *Does the Health Agency laave adequate procedures in place for taking regulatory action, which
is comparable to State statute?
2. *Has the Health Agency promulgated an ordinance adopting the Minnesota Food Code,
Minnesota rules chapter 4626?
3. Has the Health Agency taken regulatory acrion against violators?
4. *Does the Health Agency have misdemeanor and felony prosecutlon authority?
E) Reporting and Document Retention:
1. *Has the Health Agency made copies of documents available to the State upon request?
2. Has the Heakh Agency provided a list of licensed and permitted food establishments delegated
under this program?
3. Has the Health Agency provided the State documentation of inspection activiries on a monthly
basis by completing the inspection tracking forms provided by the state?
4. *Does the Health Agency maintain documentation of complaints enforcement actions and
inspectian records for five yeazs?
5. Does the Health Agency maintain documentation of all variances, issued or denied?
In addition to a yes or no answer to the evaluation criteria listed above, at Zeast two written detailed
examples must be written by the State evaluafor for each queslion. Failure to do so will result in the
evaluation being returned to the State evaluator for completion. The State evaluator must accurately
def ne the def ciency and cleardy stttte how ihey came to their conclusion Zhat the Healtk Agency did
nof ineef acceptable sfandards and what is necessary to correct the deficiency.
F� Narrative Items to be Comnleted bv the State:
G) Corrective Items:
('� Items are considered major deviations requiring immediate attention)
� Additional Comments or Concerns:
n Recommendations:
.� Overall Evaluation:
I� Health A�encY Comments and Concerns:
(Smnmarize major concerns of Health Agency)
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IvIDA Delegation Agreement
Appendix Fonr
ADNIINISTRATTVE RESPONSIBILITIES OF THE STATE.
A. Trainin2 and Technical Assisfance.
o� -yY�
The State will provide orientation, training, consultation on problems, and other supportive services
for the environmental health staff of the Health Agency. The State will also provide consultafion and
advice on rules promulgated by the State, wluch are to be enforced by the Health Agency. The State
must provide administrative and teclmical assistance and consultation to the Health Agency. Such
assistance may include:
a. assistance with program administrafion;
b. development and availability of shared software;
c. review of documents;
d. standazdization training for inspections;
e. consultation on individual cases;
f. consultation on enforcement acrions;
g. availability of copies of State publications, brochures, and fact sheets.
„ B. Core Funcrions. The State will provide various core funcrions including the following:
b. local agency staff training and standazdization;
c. program evaluation;
a. statewide leadership and direction;
d. coordination acrivities for food and waterbome outbreaks; in 28A food establishments.
e. representation on the Govemor's Food Safety Committee;
f. drafting legislatian and administrative rules;
g. legislative assistance;
h. development of new methodologies;
i. researching and responding to information and policy requests from local agency staff and
industry;
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MDA Delegation Agreexnent
o � -yr1
j. Coordinate statewide food sampling program;
k. providmg training sessions and coordinarion meetings and conferences;
L data collecfion, compiling and interpretarion;
m. program research activities;
n. liaison with the Food and Drug Adminis�afion and United States Department of Agriculture,
Food Safety Inspection Service;
o. program support for statewide committees such as the Environmental Health Council and the
Interagency Review Council;
p. dissemination of infornzation by e-mail, broadcast fax, other methods;
q. emergency response planning and support; and
r. establishment of new policies and procedures.
€
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