HAWAII ADMINISTRATIVE RULES
TITLE 11
DEPARTMENT OF HEALTH
CHAPTER 12
FOOD ESTABLISHMENT SANITATION
§11-12-5 Permits
(a) No person shall operate a
food establishment within the State without a permit
issued by the director.
(b) Sanitation permits that have not expired as of
July 2, 1997 shall be transferable upon the sale of a
food establishment; provided that these transfers are
subject to the new owner agreeing to abide by the
compliance schedule of the department of health.
(c) A permit shall be posted in every food
establishment in a place and manner designated by the
director. The permit shall be easily visible to the
public.
(d) The owners applying for a food establishment
permit shall complete the form provided by the
department for this purpose. Along with the food permit
application the owners may be required to submit
to the director in writing a complete menu of the foods
which the food establishment will be serving or
any changes in the menu that may require the owners to
install or modify equipment, facilities, and operations.
The applicant shall submit sufficient information to
enable the director to make a decision on the permit
application.
(1) The director shall not act upon nor consider
any incomplete application for permit. An
application shall be deemed complete only when
all required and requested information,
including the application form, plans,
specifications, and other information have
been timely submitted.
(2) Every application shall be signed by the
applicant and shall constitute an
acknowledgment and agreement that the
applicant will comply with all the terms and
conditions of the permit and this chapter.
(3) The director may require the submission of
additional information after the application
has been submitted, and may ensure that, if an
application is incomplete or otherwise
deficient, processing of the application shall
not be completed until such time as the
applicant has supplied all required
information or otherwise corrected the
deficiency.
(4) The failure of the director to act on a
completed application within one hundred
eighty days of the receipt of such
application, shall be deemed an approval of
such application; provided that the applicant
acts consistently with the application
process.
(e) The director shall issue a permit only after an
inspection of a new establishment reveals that the
proposed food establishment has complied with all the
requirements of this chapter.
(f) The permit shall be renewed every two years
from the permit issuance date.
(1) Every person holding a permit shall apply for
renewal of the permit by submitting the form
provided by the director before the expiration
of the permit issuance date.
(2) Failure, neglect, or refusal of any permittee
to renew the permit will result in the
revocation of the permit. [Eff 11/22/96; am
and comp ] (Auth: HRS §321-11)
(Imp: HRS §321-11)
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