53-8-205 - Authority and duties of commissioner. - Tennessee Statutes

53-8-205. Authority and duties of commissioner.

The commissioner is authorized to:

     (1)  Carry out or cause to be carried out all provisions of this part;

     (2)  Collect all fees provided for in this part and apply the collected fees in accordance with the procedures of the department of finance and administration to the necessary and incidental costs of administration of this part. Nothing in this part shall be construed to prohibit the department from receiving by way of general appropriation sums that may be required to fund adequately the implementation of this part, as recommended in the annual budget by the governor to the general assembly;

     (3)  Prescribe rules and regulations governing the alteration, construction, sanitation, safety and operation of retail food stores or food service establishments located with a retail food store that may be necessary to protect the health and safety of the public, and require every retail food store or food service establishment located with a retail food store to comply with these rules and regulations; provided, that the commissioner shall not prescribe rules and regulations in conflict with the minimum statewide building construction standards established by the state fire marshal pursuant to § 68-120-101;

     (4)  (A)  Inspect or cause to be inspected at least once every six (6) months, and as often as the commissioner deems necessary, every retail food store in the state to determine compliance with this part and rules and regulations;

          (B)  Inspect or cause to be inspected at least once every six (6) months, and as often as the commissioner deems necessary, every food service establishment located within a retail food store in the state to determine compliance with this part and rules and regulations;

     (5)  Issue or cause to be issued, suspend and revoke permits to operate retail food stores as provided in this part;

     (6)  Notify the owner, proprietor or agent in charge of any retail food store of changes or alterations that may be necessary to effect complete compliance with this part and rules and regulations governing the construction, alteration and operation of the facility or facilities, and to close the facility or facilities for failure to comply within specified times as provided in this part and rules and regulations; and

     (7)  (A)  In order to prevent duplication in the major metro areas of Shelby, Madison, Davidson and Knox counties, the commissioner shall contract the inspection and enforcement program pursuant to this part, and shall allow the contracted county health department to collect and retain the permit fees collected for retail food stores that have been permitted by those county health departments; and

          (B)  Enter into an agreement or contract with county health departments whereby these departments would implement this part or its equivalent in their respective areas of jurisdiction, if the commissioner deems it to be appropriate; provided, that the following conditions shall apply:

                (i)  State reporting requirements must be met by the county health department or departments;

                (ii)  The county health department program standards must be at least as stringent as those of the state law and regulations;

                (iii)  The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health department or departments and to terminate the agreement or contract for cause immediately, or otherwise upon reasonable notice;

                (iv)  The commissioner may set other fiscal, administrative or program requirements that the commissioner deems necessary to maintain consistency and integrity of the statewide program; and

                (v)  Staffing and resources shall be adequate to implement and enforce the program in the local jurisdiction.

[Acts 1986, ch. 633, § 6; 1991, ch. 148, § 1.]