The Maricopa County Board of Supervisors adopted the following regulations in accordance with the Enhanced Regulatory Outreach Program policy in an effort to promote consistency and transparency among regulatory departments.
|Item Number||Item name||Description|
|ES-2021-002||MCEHC Chapters I,
VIII, X and XIII
|Provides clarification that an approved inspection to operate and payment of fees is required before a permit is considered valid, removes hearings before the Environmental Health Officer (where not required by statute or another regulation) and adds a third party hearing officer, updates references for plumbing codes and statutes, deletes a mechanical code reference that has been repealed, updates frozen dessert pasteurization requirements, and allows for the operation of a shared facility without the need for a second permit. In addition, includes requirements for the manufacture of frozen desserts in retail food establishments and an option for school and public accommodation new owner transition. Approved at the 10/6/2021 BOS meeting for immediate effect.|
|ES-2021-001||2017 FDA Food Code Incorporation by Reference||Incorporates by reference the 2017 Food Code and annexes into the Maricopa County Environmental Health Code (MCEHC) by updating earlier FDA Food Code references and removing MCEHC language in conflict with the 2017 FDA Food Code. The new food code contains the latest food safety practices and brings the MCEHC and the State into alignment. The Governors Regulatory Review Council approved the 2017 FDA Food Code and annexes, which the State adopted in June 2020. Approved at the 10/6/2021 BOS meeting for immediate effect.|
Waivers - Chapter I, Regulation 5
|Removes a code reference error, replaces the word “solely” with “predominately,” and defines the word “predominately” as “pertains only to fees as used in this Chapter I, Regulation 5 a. of the Environmental Health Code and means 75% or greater of the operations of or proceeds generated by a 501(c)(3) charitable non-profit establishment that provides relief for the poor, distressed or under-privileged.”
Applications for waivers of Temporary Food Establishment fees will be processed on a first come, first served basis in accordance with MCEHC Chapter I, Regulation 5 a., and the Department shall only present a maximum of twenty-five (25) of such applications per event to the Board of Health. Approved at the 1/27/2021 BOS meeting for immediate effect.
|ES-2019-002||Repeal MCEHC Chapter XI, Regulation 2 - Piggeries||Removes outdated piggery regulation from the MCEHC while retaining the ability to regulate public health nuisances through other sections of the MCEHC. Nuisances such as fly breeding and manure disposal requirements set forth in Chapter XI, Section 1 of the MCEHC and delegated to the MCESD by the Arizona Department of Health Services in ARS§36-601 will continue to be addressed on a complaint basis. Approved at the 9/16/2020 BOS meeting for immediate effect.|
|ES-2019-001||Maricopa County Transfer Station Fees||Provides or ensures solid waste public facility services continue to be available for citizens pursuant with A.R.S § 49-741. Transfer station operational expenses increased as a result of additional citizen demand, which in turn caused a revenue deficit for Maricopa County Waste Resources and Recycling. Transfer station fee adjustments were approved by the Board of Supervisors on July 31, 2019 for immediate effect.|
|ES-2017-001||Pet Groomers & Shops||Removes from Maricopa County Environmental Health Code Chapters I & XI non-mandated animal related functions for kennels, pet shops, veterinary clinics, veterinary hospitals and pet groomers, two “odor” references, and four permit fees (two for plan reviews and two annual permits). Revisions increase opportunities for business owners while ensuring public health is maintained.
Maricopa County Animal Care and Control issues kennel permits, and the Veterinary Medical Examining Board has the authority to investigate veterinary clinics and veterinary hospitals on a complaint basis. The Department does not have a record of a Maricopa County zoonotic disease occurrence from a kennel, pet shop, veterinary clinic, veterinary hospital or groomer. Pima, Coconino and Pinal counties do not license groomers. Approved at the 3/21/2018 BOS meeting for immediate effect.
|ES-2016-004||Chapters I & VII CFM||Eliminates Department issued Certified Food Manager original and duplicate cards, with their respective fees ($5 and $3) while retaining approved Food Protection Manager training requirements for food safety. Adds certificate text instead of card and clarifies when food establishments are exempt from the Certified Food Protection Manager requirement. Approved at the 4/12/2017 BOS meeting for immediate effect.|
|ES-2016-003||Farmers Market||Adds a farmer’s market coordinator and increases business owner market opportunities. The coordinator will submit documentation to the Department, be present during farmers market operating hours, and ensure certain sanitary measures are applied. Coordinator direction increases opportunities (e.g. the utilization of a temporary hand wash station in lieu of having an installed unit) for business owners while ensuring public health and safety are maintained. Approved at the 4/12/2017 BOS meeting for immediate effect.|
|ES-2016-002||Primitive Campgrounds||Aligns MCEHC Chapter XII with the updated Arizona Revised Statute (A.R.S.) §36-136, which includes an exemption for Primitive Campgrounds offered by the State of Arizona (State) or a State political subdivision. To mesh with A.R.S §36-136, MCEHC Chapter XII language exempts Primitive Campgrounds offered by the State or State political subdivision from water, electricity and sewer public infrastructure requirements. Approved at the 4/12/2017 BOS meeting for immediate effect.|
|ES-2016-001||Mobile Food||Without increasing current permit fees, increases business owner opportunities while continuing to maintain public health and safety. Organizes code for readability, updates permit definitions and mobile food text, revises permit titles, and deletes fee schedule Food Service Worker Card/Exam with corresponding fees. Adds the Mobile Food Type I - 6 month fee (formally Food Peddler - 6 month fee) to the Fee Schedule to agree with MCEHC Chapter VIII, Section III. Approved at the 2/1/2017 BOS meeting for immediate effect.|
|ES-2015-001||30 Day Transition - MCEHC Chapters I and VIII||No new fees. Allows new owners of existing food establishments to remain in business for up to 30 days while permit application review is in progress.
Approved at the July 22, 2015 BOS meeting for immediate effect.
|ES-2015-002||Micro Market Fees - MCEHC Chapter I||Adds a Micro Market Operating Permit and three fees associated with the permit to the MCEHC. This revision reduces Micro Market Environmental Health fees pursuant to Arizona Revised Statute § 11-251.08. New fees include: Micro Market Operating Permit ($155), Micro Market Reference Plan ($270) and Micro Market Permit Processing Fee ($20).
Approved at the July 22, 2015 BOS meeting for immediate effect.
|ES-2014-003||Food Service Worker Certification - MCEHC Chapter VII||No fee changes. Aligns the Maricopa County Environmental Health Code (MCEHC) with A.R.S. § 11-269.12. The MCEHC change allows for an open marketplace for Food Employees or Food Service Workers to receive training from any entity meeting A.R.S. § 11-269.12 requirements. Approved at the 4/8/2015 BOS meeting for immediate effect.|
|ES-2014-002||Fee Schedule Adjustments||The purpose of this item was to develop a revised fee structure for The Cutting Edge program, incorporate Chapter VIII MCEHC fees into the Chapter I fee schedule, and to conduct a fee analysis for fees associated with plan review, wastewater treatment, drinking water systems, and the dog-friendly patio permit. Withdrawn.|
|ES-2014-001||2013 FDA Food Code Adoption - MCEHC Chapter VIII||No fee changes. Adopted the 2013 U.S. Food and Drug Administration Food Code by reference, replacing the 2009 FDA Food Code.
Approved at the December 10, 2014 BOS meeting for immediate effect.
|ES-2013-009||Food Code Reference Amendment - MCEHC Chapter VIII||No fee changes. Allows registered A.R.S. § 36-136 stakeholders to prepare not potentially hazardous baked and confectionery goods (goods)
in a private home kitchen for commercial purposes and to offer these goods for sale in food establishments that have a valid MCESD permit. Approved at the June 11, 2014 BOS meeting for immediate effect.
|ES-2013-008||Manual Warewashing Sink Compartment Requirements - MCEHC Chapter VIII||No fee changes. Removed the outdated allowance for a one compartment sink that was in place prior to adoption of the FDA 2009 Food Code. Approved at the April 9, 2014 BOS meeting for immediate effect.|
|ES-2013-006||Confectionery Food - MCEHC Chapter VIII||Created a new permit and applicable plan review and annual permit fees of $307.50 and $155, respectively. The revision allows citizens of Maricopa County to prepare not potentially hazardous bakery and confectionery items for direct consumer sales and for wholesaling to other MCESD permitted food establishments. The permit definition establishes these food items as an approved food source for sale by MCESD permitted food establishments. The revision lessens the burden of equipment/infrastructure requirements necessary to qualify for an MCESD permit for an owner that may have begun as a home business and has outgrown the home kitchen. Approved at the June 11, 2014 BOS meeting for immediate effect.|
|ES-2013-001||Trial Review Permit -MCEHC Chapter VIII||Created a new food service permit type, Trial Review Establishment Permit, which may accommodate food establishment design concepts not specifically allowed for by MCEHC regulations. The new permit type allows a prospective restaurant owner the option to submit their drawings and management plan addressing any food safety and sanitation hazards not in line with regulations as a result of the establishment's unique or novel design/layout and will be six months in duration.
The Trial Review Establishment plan review fees are the same as the Chapter I Fee Schedule "Environmental Health Plan Review" fees for categories "All Other Food Establishments," "Mobile Food Establishments" and "Pushcart Plan Review." In addition, the Trial Review Establishment permit fees are half the annual "Food Environmental Health Operating Permits" fees by class and seating capacity as listed in the Chapter I Fee Schedule. Approved at the September 25, 2013 BOS meeting for immediate effect.
|ES-2013-002||Correct MCEHC misspellings/spacing; reorganize, update definitions/application in Chapters I, VIII and X||No fee changes. Clarified defined terms, removed unnecessary items and edited for improved readability. Reorganized the Water and Waste Management Division section of the MCEHC Chapter I Fee Schedule by annual permit categories, followed by plan review categories, to reduce redundant fee lines. In addition, fees used by multiple programs are listed one time. Allows customers to more easily identify applicable fees in the MCEHC. Approved at the ES-2013-003September 25, 2013 BOS meeting for immediate effect.|
|ES-2013-003||Limited Use Food Service Worker Card - MCEHC Chapter VII||Established the opportunity for those with a disability to obtain a Limited Use Food Service Worker Card. Clarified existing exemption language and enhanced consistency with Chapter VIII terminology. The fee associated with the Limited Use Food Service Worker Card is $5 for the original card and $3 for a duplicate card, the same as listed in the MCEHC Chapter I Fee Schedule for the existing Food Service Worker Card (original and duplicate versions, respectively). The Limited Use Food Service Worker Card expires three years from the date of issue. Approved at the September 25, 2013 BOS meeting for immediate effect.|
|ES-2013-005||Pool Construction - MCEHC Chapter VI||No fee changes. Clarified certain pool construction requirements to prevent varied interpretations. Approved at the September 25, 2013 BOS meeting for immediate effect.|
|ES-2013-007||Food Peddler Permit - MCEHC Chapter VIII||Added a Food Peddler permit duration of six months to provide customers flexibility to either obtain a six month or the current one year permit. The six month Food Peddler permit fee will be $60, half of the current $120 one year fee. Approved at the September 25, 2013 BOS meeting for immediate effect.|
The Environmental Services Department is committed to providing multiple opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. In the event the Department fails to observe adoption procedures pertaining to Maricopa County's Enhanced Regulatory Outreach Program policy, citizens can