Unlawful acts.

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(1) It is unlawful for:

  1. Any person to begin the construction or extensive remodeling of a retail food establishment unless such person has received department or county or district board of health approval of plans and specifications for such construction or remodeling pursuant to section 254-1605;

  2. Any person to operate a retail food establishment without a valid license or certificate of license from the department or a county or district public health agency having jurisdiction over such establishment, including continuing to operate a retail food establishment that has had its license or certificate of license suspended in accordance with section 25-41611.5;

  3. Any person to violate this part 16 and any rules promulgated pursuant to this part 16;

  4. Any person or retail food establishment to refuse to permit entry to such establishment in accordance with sections 25-4-1604 (1)(e) and 25-4-1606 (2);

  5. Any retail food establishment to sell or serve food prepared in a private home to anyperson;

  6. Any person to fail to pay a civil penalty assessed by the department or a county ordistrict board of health.

Source: L. 98: Entire part R&RE, p. 1254, § 1, effective July 1. L. 2009: (1)(a), (1)(b), and (1)(f) amended, (SB 09-223), ch. 255, p. 1158, § 11, effective May 15. L. 2019: (1)(b) amended, (HB 19-1014), ch. 11, p. 44, § 7, effective January 1, 2020.


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