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Ex. DUT-TN-013 Standing duty Primary source read

Tenn. Comp. R. & Regs. ch. 1200-23-01 (Food Service Establishment), Rules.01(20),.02(7)(a) and.03(3)(b)

Rules of the Tennessee Department of Health, Chapter 1200-23-01, Food Service Establishment (compilation dated January 2005, as published by the Secretary of State)

Tennessee Department of Health, Division of General Environmental Health · Tennessee (State)

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The record

Jurisdiction
Tennessee
Level
State
Authority
Tenn. Code Ann. title 68, ch. 14, pt. 3 (recited in the rules, e.g., sec. 68-14-318 for violation correction)
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureWorkplace rulesStanding dutyOperating condition
Addressees
  • specified businesses (food service establishments and their permit holders); employees and persons in charge
Character
sanitary code duty
Collection
Standing duties: Tennessee DUT-TN

Operative words

Upon declaration of an imminent health hazard by the Commissioner, the facility shall immediately cease operations until authorized to reopen.... No person... while afflicted with... an acute respiratory infection, shall work in a food service establishment in any capacity in which there is a likelihood of such person's... transmitting disease to other persons.

Penalty

Immediate cessation of operations until authorized to reopen; permit action and violation-correction deadlines under sec. 68-14-318 as recited

What it required

Required every permitted food service establishment to cease operations immediately on the Commissioner's declaration of an 'imminent health hazard,' defined as 'any condition, deficiency, or practice which, if not corrected, is very likely to result in illness, injury, or loss of life to any person' (Rule.01(20)); barred any person with a communicable disease or 'an acute respiratory infection' from working where there is a likelihood of transmitting disease to others (Rule.02(7)(a)); and made cessation of operation the consequence of uncorrected violations (Rule.03(3)(d)).

Retrieval note

The Secretary of State's published compilation (198,487 bytes; pages carry 'January, 2005 (Revised)'). Whether the Department invoked the imminent-health-hazard rule against particular establishments during the pandemic is not established in this record; the rule is recorded as the standing sanitary vehicle for closure and for exclusion of infected workers. In Shelby County the health directives made the State's restaurant and other sector guidelines mandatory: 'Each type of facility is required to follow all applicable state guidelines' (Ex. MET-BNA-063).