La Paz County Health Department

La Paz County Health Department

Environmental Health Division

A Healthy Environment is a Healthy Community

1112 Joshua Ave., Parker AZ 85344

928-669-1100 Fax 928-669-6703

Office hours are 7:00 am – 6:00 pm Monday - Thursday

______

Table of Contents

Table of Contents

Topic / Page
Letter to Owners/Operators
Application Process Notice / 3
4
Licensing Time Frames / 5
Definitions / 6-9
Temporary Food Establishment
Bake Sale
Cook-Off
Food Establishment
Food Handler
Non-Profit
Potentially Hazardous Food
Person In Charge / 6
6
7
7
7
7
8
8
Permitting Authority / 8
Permit Types/Fees / 10
Temporary Food Requirements / 11-17
Permitting Requirements / 11-17
Physical Facility / 11-14
Operations / 14-15
Food Protection / 15-17
People / 17
Chili Cook-Off/Cooking Challenges Guidelines / 18-20
Checklist for Temporary Food Booths / 21
Application (Detach and Return) / 22-26

La Paz County Health Department

Environmental Health Division

A Healthy Environment is a Healthy Community

1112 Joshua Ave., Parker AZ 85344

928-669-1100 Fax 928-669-6703

Dear Owner/Operator:

The Operating Guidelines for Temporary Food Booths has been designed to help you through the process of obtaining a temporary food permit in La Paz County. The Guideline will give you step-by-step directions to assist in filling out the paperwork. Please take a few moments to carefully read all of the information and instructions. The Arizona Food Code is also available online as a resource at:

The Environmental Health staff can provide resources to help you through this process but we are unable to design your establishment or fill out the paperwork for you. If you require additional help with the application process, please contact a third party to help you with the process.

Good luck with your business and fund raising efforts!

Sincerely,

The La Paz County Environmental Health Staff

ARS §11-1606 Application Process Notice

for Temporary Food Establishment Permits

Under ARS §11-1606, La Paz County is required to give you certain information when you apply for a food establishment permit – steps required for permit approval, licensing times frames, and point of contact if you have questions.

The following steps are required in order to obtain a Temporary Food Establishment permit to operate:

1. Obtain a copy of the “Operating Guidelines for Temporary Food Booths and Chili Cook Offs/ Cooking Challenges in La Paz County” and read thoroughly. If you have questions, contact the Health Department at 928-669-1100 and ask to speak to a Health Inspector. Your booth must meet the requirements of a Temporary Food Booth as outlined in the Guidelines and the Arizona Food Code. If, upon inspection, the inspector finds critical violations or noncompliance with building/temporary food guidelines, the temporary booth will be closed by the Health Department.
2. A Temporary Food Booth is limited to 14 days maximum at any one event.
3. Fill out application “Temporary Food Application for La Paz County” completely. Incomplete applications will delay permit approval or be denied.
4. Application must be submitted at least 15 days prior to event with the correct review/permit fee. Review/permit fees are nonrefundable.
5. The Health Department will review and contact you via some type of written correspondence, either email or by letter with written approval and the operating permit OR a written list of concerns which must be addressed before approval can be issued.
6. If concerns are listed, provide required information and resubmit.
7. Food handler cards are required. A copy of a food handler card from another jurisdiction can be submitted with appropriate fee ($15.00) and a La Paz County Food Handler card will be issued. Otherwise, all food handlers and people working in Temporary booth must come to Health Department for Food Handler classes (offered Monday, Wednesday, and Thursday from 7:00 am – 5:00 pm) and take the test. Proof of Licensing Eligibility is required per AZ ARS 41-1080.

-If a reinspection is required during any part of the permitting or inspecting process, a reinspection fee of $100.00 will be assessed.

-If denied during any part of the permitting process, an appeal of the decision can be requested by written request to: Director, Environmental Health Division, 1112 Joshua Ave., 206, Parker, AZ 85344.

- If application is not received at least 15 days before event, a $50 Late Fee will be assessed and must be paid before a permit is issued.

______

Applicable licensing time frames (in days): Time frames can be found in the Arizona Administrative Code, R9-8-104

Type of Approval / Statutory Authority / Overall Time-Frame / Administrative
Completeness
Review / Substantive
Review
FOOD ESTABLISHMENT LICENSE / ARS 36-136(H)(4) / 60 / 30 / 30
Approval of Plans and Specifications under Food Code 8-201.11 / ARS 36-136 (H)(4) / 90 / 30 / 60
Approval of HACCP PLAN and
Food Code 8-201.13 / ARS 36-136(H)(4) / 90 / 30 / 60
Approval of Quality Assurance Program / ARS 36-136(H)(4) / 90 / 30 / 60

Name/telephone number of a person who can answer questions or provide assistance during the application process: Environmental Health Staff at 928-669-1100

If you are unable to receive assistance from the inspector, you may contact the Environmental Health Director at (928)669-1100.

Under ARS§11-1609, you may request that the County clarify its interpretation or application of a statute, ordinance, regulation, delegation agreement or authorized substantive policy statement that affects the issuance of your food establishment permit by providing the County with a written request that states:

1. Your name and address;

2. The statute, ordinance, regulation, delegation agreement or authorized substantive policy statement that requires clarification;

3. Any facts relevant to the requested ruling;

4. Your proposed interpretation of the applicable statute, ordinance, regulation, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, regulation, delegation agreement or authorized substantive policy statement that requires clarification;

5. Whether, to the best of your knowledge, the issues or related issues are being considered by the County in connection with an existing license or license application.

Definitions

Arizona Food Code– food establishments in Arizona are regulated under the Arizona Food Code. It is available from the La Paz County Health Department or online at Additional requirements for food establishments are under the Arizona Administrative Code, Title 9, Chapter 8. La Paz County Health Department has regulations regarding permitting of food establishments, food handler card requirements, enforcement, and toilet requirements for special events. These are available by request from the Department. Counties in Arizona all follow the Arizona Food Code but some have revised their regulations to be more restrictive. Be sure to check with the county you are working in to get their regulations. Every county in Arizona requires separate food establishment permits as do the Indian Tribes.

Temporary Food Establishment means and refers to a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration (Arizona Food Code) such as fair, carnival, circus, public exhibition, or similar transitory gathering. A Permit to Operate must be obtained from the Health Department prior to the event. Food prepared or cooked in a private residence or an unpermitted facility is NOT allowed under any circumstances.

A Temporary Food Establishment booth must have three complete sides, service counter with screening (if required because of dust or pests), ceiling, and floor (see information regarding booth construction). If operating for less than 4 hours, construction requirements may be waived by applying for variance (fill out Appendix F Variance Request- additional charge will apply) and approval from the Health Department. At the termination of the event, the temporary food establishment shall be removed from the premises.

An annual permanent or mobile food establishment operating at a special event in a temporary food booth must obtain a permit for their temporary food establishment.

Cook-off/Cooking Challenge means a cooking or food preparation contest in which participants prepare food, usually using their own recipes, held as a public event with the food for sale or given away to the public (for example – chili cook-offs, salsa challenges, BBQ challenges, etc). The duration of the event should be limited to four hours or less.

A Cook-off or Cooking Challenge is a temporary food establishment and must adhere to all regulations within this Guide and the Arizona Food Code including booth construction and food preparation. Food must be prepared in the booth or a permitted food establishment (which will serve as the commissary). A Permit to Operate must be obtained by the Promoter from the Health Department prior to the event. Food prepared or cooked in a private resident is NOT allowed under any circumstances. See guidelines for Chili Cook-Offs and other types of cooking challenges.

Foodmeans raw, cooked, or processed edible substances, or ingredients used or intended for use or for sale in whole or in part for human consumption, including ice, water, beverages, candy, and chewing gum (Arizona Food Code).

Food Establishment – is an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption; whether for charge or free; whether permanent, temporary, or mobile; whether consumption is on or off the premises.

Food Handler means any person who handles, prepares, serves, sells, or gives away food for consumption by persons other than his or her immediate family, and who handles utensils or equipment appurtenant thereto. The term is not generally intended to include persons in establishments who handle food or drink exclusively in closed crates, cartons, packages, bottles, or similar containers in which no portion of the food or drink is exposed to contamination through such handling (La Paz County Health Regulation II). La Paz County Health Regulations require that all food handlers or those people handling equipment must obtain a Food Handlers card prior to working in the food booth. Food Handler cards can be obtained by coming to Health Department on Monday, Wednesday, and Thursday (7:00 am – 5:00 pm) to watch the video and take the test with a score of 70% or higher (retakes allowed) or by presenting a current food handlers card from another jurisdiction and paying cost of La Paz card, or by claiming extensive food knowledge and taking the test (no retakes without watching the video). The food handler card must be obtained annually.Proof of Licensing Eligibility is required per AZ ARS 41-1080.

Nonprofit Establishment means a nonprofit, charitable, or eleemosynary institution.
The annual permit fee may be waived upon written request and proof of nonprofit status (La Paz County Health Regulation III).

Please note that late fees, expedited review fee, variance request, reinspection fees are NOT waived for nonprofit food booths. Permit application and menus must be submitted to the Health Departmentat least 15 days prior to the event.

Nonprofit temporary food booths must adhere to all local and state regulations including zoning, building/fire code regulations, Health Department regulations, and the Arizona Food Code including construction of the booth. A copy of the Arizona Food Code is available upon request from the Health Department.

Potentially Hazardous Foods means a food that is natural or synthetic and that requires temperature controls because it is in a form capable of supporting the rapid and progressive growth of infectious or toxic micro-organisms. These foods include milk or milk products, eggs, meat including luncheon meats and hot dogs, poultry, fish, shellfish, edible crustacea, or other material or synthetic ingredients capable of supporting rapid and progressive growth of bacteria. Examples are hamburgers, tacos, hotdogs, spaghetti, and chili. Cooked rice, potatoes, and beans are also considered to be potentially hazardous.

Non-potentially Hazardous Foods means food which has a low water content and is less capable of supporting rapid growth of infectious or toxic micro-organisms. This type of food would include fruit pies, cookies, cereals, soft drinks, coffee,cotton candy, popcorn, and candy bars.

Person In Charge is a person in the food booth during all hours of operation who has specialized knowledge of food safety and who has the authority to make decisions about the operation including decisions about food safety and food handler health and hygiene.

Variance means a written document issued by the Health Department that authorizes a modification or waiver of one or more requirements of the Arizona Food Code if, in the opinion of the Health Department, a health hazard or nuisance will not result from the modification or waiver.

Permitting Authority

The Environmental Health Division works under a delegation agreement from the Arizona Department of Health Services. This agreement outlines the responsibilities of the local health department and gives the county authority to carry out those functions.

Permits for temporary food establishments are required by law regardless of whether the food is sold or given away, for profit or nonprofit. Regulations for Temporary Food Establishments are found under the Arizona Food Code in the Arizona Administrative Code Title 9, Article 1. La Paz County also has additional regulations under Health Regulations 1 -5 regulating permitting of facilities, food handler cards, toilet facilities at special events, and enforcement. There are also county and town zoning and building requirements which are applicable to temporary food establishments. It is the applicant’s responsibility to know all the rules and regulations pertaining to his/her operation.

In a Nutshell

1.A temporary food establishment must obtain an operating permit prior to operating at an event. If found operating without a permit, the food establishment will have to cease operation and may be subject to enforcement action which can include a citation or fines.

2.The Health Department needs time to review the application. The application and permit fee must be submitted at least 15 days before operation for both profit and nonprofit companies. Failure to submit 15 days prior can result in late fees, expedited review fees, or even staff not being able to review and process application, resulting in a denial of the application.

3.Keep in mind that a temporary food permit is considered a variance of the Food Code due to lower standards for physical facilities and equipment; therefore the permit is limited to 14 days at any one event. As a result, the Food Code requires more frequent inspections and the permit costs more than a permanent or mobile food establishment.

4.We appreciate your business in this county. However, the Health Department has been tasked to educate, permit, and provide enforcement to food safety operations in the county. We have over 200 temporary food vendors every year, more than the number of permanent food establishments. We take our work seriously and try to apply the rules fairly to all operators. Please do not ask us to circumvent the rules for your operation.

Permit Types/Fees

The State of Arizona Department of Health Services has organized food service according to “type” and complexity of food preparation and the amount of risk involved in preparing and serving the food.

Type 1 Food Permit – Permit is $50 for a maximum of 14 days at any one event.

● Only pre-packaged potentially hazardous foods are available or sold; and/or

● The potentially hazardous foods served are commercially pre-packaged in an approved food processing facililty; and/or

● The facility only has limited preparation of potentially hazardous foods and beverages; and/or

● The facility provides sampling of pre-packaged products or sampling of fruit/vegetables; and/or

● The facility only serves beverages.

Type 2 Food Permit –Permit is $50 PLUS $10 per day (including first day). For example a two day permit would be $70.00. There is a maximum of 14 days at any one event.

● The food prepared in the facility is from raw ingredients and requires minimal assembly; and/or

● Hot or cold food prep in the facility is restricted to same day service; and/or

● Foods requiring preparation in the facility are from approved processing facilities.

Type 3 Food Permit(see Note below) –Permit is $50 PLUS $15 per day. For example a one day permit would be $65.00. There is a maximum of 14 days at any one event.

● The facility prepares and holds hot or cold food for more than 12 hours before serving; and/or

● The facility cooks and cools three or more foods during the food handling process; and/or

● The facility prepares food for off-site service; and/or

● The facility vacuum packs food; and/or

● The facility serves a highly susceptible population

NOTE: Type 3 Food Permit is not typically appropriate for most Temporary Food Units. Unit must have commercial grade equipment and facilities.

Variance Request – There is a $75.00 nonrefundable fee for a Variance Request due at time of application submittal. Variance requests are evaluated by the Health Department on a case by case basis. The applicant should make a strong case for why the variance request will not impede food safety. There should be written procedures in place detailing proper procedures for the variance and staff must be trained to understand the variance. There is no guarantee that the variance request will be approved by the Health Department and $75.00 will not be refunded if denied. Use Appendix Form F when requesting a Variance.

Temporary Food Booth Requirements

■ / Permitting Requirements
1 / Make sure you have the correct application “Temporary Food Application La Paz County.” Fill out completely, including a drawing of booth showing all equipment and sinks. Answer all questions. If not applicable, write NA. Include all menu or list all food to be prepared and served. Failure to fill out and submit the application/supporting data/drawing/fee will result in delayed processing of the application and a delay in the approval of the permit and may even result in application being denied.