SECOND REGULAR SESSION

SENATE BILL NO. 893

89TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR SIMS.

Read 1st time February 9, 1998, and 1,000 copies ordered printed.

TERRY L. SPIELER, Secretary.

S3620.01I


AN ACT

To amend chapter 196, RSMo, by adding thereto three new sections relating to the prevention of foodborne diseases.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Chapter 196, RSMo, is amended by adding thereto three new sections, to be known as sections 196.280, 196.283 and 196.286, to read as follows:

196.280.  For the purpose of sections 196.280 to 196.286, the following terms shall mean:

(1)  "Foodborne disease", illness acquired by the consumption of contaminated food;

(2)  "Immune globulin", a sterile solution of immunoglobulin intended for intramuscular administration as a means of preventing or modifying certain infectious diseases;

(3)  "Retail food establishment", any establishment where food is prepared, served or sold to members of the general public for consumption by humans.

196.283.  When it is urgent and necessary to consider the use of a public announcement and a public immune globulin clinic to prevent the spread of a foodborne disease to employees and customers of a retail food establishment, the department of health, in conjunction with the local health agency, will assess the potential for transmission of the foodborne disease within the establishment.  The assessment will include, but not be limited to, evaluating the retail food establishment on the following criteria: food handling methods; hygienic practices of the infected employee; and adequacy of time to identify and treat persons.

196.286.  When it is determined that a public announcement shall be given and a public immune globulin clinic held to control the spread of a foodborne disease to employees and customers of a retail food establishment, the establishment shall reimburse the state and local health agency for the cost of the clinic, including the cost of immune globulin per dose and administrative costs per person.  Such reimbursement shall not exceed one-half of the total cost of the clinic or a maximum of one thousand dollars, whichever is less.  Funds reimbursed to the state shall be deposited in a separate account in the public health services fund created in section 192.900, RSMo.  The retail food establishment shall be exempt from the cost of reimbursement when the department of health, in conjunction with the local health agency, has determined that the retail food establishment, prior to the incident requiring a public immune globulin clinic, effectively implemented and monitored a department of health approved program to assure the application of current knowledge of best food safety practices within the retail food establishment, and has implemented measures to insure that food handlers are not actively working while ill.


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