SEC. 75-31-139. Sanitary standards applicable to frozen desserts retail establishments; inspections; fines and penalties; suspension or revocation of license.
(1) Frozen desserts retail establishments shall comply with the applicable provisions of the United States Public Health Service "Food Service Sanitation Ordinance and Code," as published in H.E.W. Publication No. (FDA) 78-2081 and supplements thereto, or in any publication revising or suspending such publication.
Frozen desserts retail establishments shall be inspected at irregular intervals, but not less than once each calendar quarter, by the commissioner or his authorized representative. Samples of stored mix and frozen or partially frozen products shall be taken for analysis by the Mississippi Department of Agriculture and Commerce Dairy Products Laboratory or commercial laboratories approved by the commissioner. Each inspection shall be recorded on official inspection forms and signed by both the representative of the commissioner and the owner of the establishment or owner's representative. A copy of the official inspection shall be supplied to the owner of the establishment or owner's representative upon completion of the inspection.
Mix or the resultant product manufactured from such mix shall have a maximum standard bacterial plate count of one hundred thousand (100,000) per gram and a maximum coliform count of twenty (20) per gram as determined by one or more of the samples from three (3) out of the last five (5) consecutive inspections made by the department.
(2) When the commissioner or his authorized representative determines that any frozen dessert retail establishment fails to meet acceptable sanitary standards, as evidenced by official inspections, or whose stored mix or frozen or partially frozen product fails to meet the requirements of subsection (1) of this section, the commissioner shall assess a fine or penalty, or suspend or revoke the license of such establishment. Such suspension of license shall, depending upon the gravity and frequency of violations, be for a period of not less than one (1) day, nor more than ten (10) days. Successive suspensions shall be imposed if the frozen desserts retailer fails to maintain such acceptable standards for three (3) consecutive inspections. In lieu of the first and second such suspensions, a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00) per day may be imposed. Such fine or penalty assessed by the commissioner shall be deposited into the State General Fund. Continued violations after the third license suspension or fine within a twelve-month period shall result in suspension of license for a period of one (1) year. The commissioner shall afford a licensee the opportunity of a hearing, prior to the one-year suspension of license, to show cause why his license should not be suspended. The commissioner may reduce the time of suspension if, following the hearing, he is reasonably satisfied that the licensee will take immediate steps to correct violations of the provisions of Sections 75-31-125 through 75-31-151. If a licensee fails to correct violations or continues to operate in violation of Sections 75-31-125 through 75-31-151, his license shall be permanently revoked.
SOURCES: Laws, 1982, ch. 328, Sec. 8. Laws, 1993, ch. 404, Sec. 1, eff from and after passage (approved March 15, 1993).
1997 Amendment
Sections 75-31-125 through 75-31-151, Mississippi Code of 1972, which provide for the Mississippi Frozen Desserts Act of 1982, are repealed.
SOURCE: 1997 Laws, Chapter 334, Sec. 3, HB996, Effective July 1, 1997.