58.03.120 Enforcement
(a) Strict compliance with the specific laws found in this title and any other applicable standards are required to protect the public health, safety and welfare.
(b) License Required. Operating a business which engages in the processing, distribution or sale of amenable wild-harvest food, which requires a specific license as listed below, without a valid, unrevoked and unsuspended license issued by the TMBCI tribal licensing authority within the exterior boundaries of the Turtle Mountain Reservation is strictly prohibited and will result in a fine and/or suspension of the right to operate, sell or receive amenable wild-harvested food:
(1) Food processing plant (Sec. 58.0310);
(2) Retail food establishment (Sec. 58.0311);
(3) Class 1 meat vendor (Sec. 58.0503);
(4) Class 1 fish vendor (Sec. 58.0601);
(5) Non-exempt produce harvester (Sec. 58.0701); and
(6) Low risk food vendor (Sec. 58.0801).
(c) The owner, operator or agent in charge of a facility listed in subs. (2)(a)-(f), above, shall submit a registration application to the TMBCI tribal licensing authority on the prescribed form. The TMBCI tribal licensing authority shall compile and maintain an up-to-date list of facilities and vendors that are registered under this title.
(d) Each registration form shall contain the information necessary to notify the TMBCI tribal licensing authority of the name and address of each facility at which, and all trade names under which, the registrant conducts business, the email address and phone numbers for the contact person of the facility, and the general food category of the foods processed, packed or held at such facility. The registration form shall contain an assurance that the TMBCI tribal licensing authority will be permitted to inspect such facilities at the times and in the same manner as permitted by Section 704 of the Food, Drug and Cosmetic Act. The registrant shall notify the TMBCI tribal licensing authority in a timely manner of changes to such information.
(e) All facilities required to be registered pursuant to this section shall have six (6) months from the date of adoption of this title to become compliant. During the period beginning on October 1 and ending on December 31 of each even-numbered year, a registrant that has submitted a registration form under subsection (d), above, shall submit to the TMBCI tribal licensing authority a renewal registration containing the information described in subsection (c), above.
(f) A food production or distribution license will be suspended by the TMBCI tribal licensing authority and the operation closed down if the licensee is non-compliant with any applicable requirement of this title, any other applicable law or regulation, or for any other reason related to the protection of the community's public health, safety or welfare.
(g) Failure to pass an inspection conducted by the TMBCI tribal licensing authority will be cause for a penalty, revocation or suspension of the license.
(h) The TMBCI tribal licensing authority may close down an operation immediately on an emergency basis upon evidence of an imminent or serious health or safety threat to the community.
(i) Holding order.
(1) The TMBCI tribal licensing authority may issue a holding order preventing the sale or movement of any food if reasonable grounds exist to suspect that the food is adulterated or misbranded, or otherwise fails to meet the standards set forth in this title. The TMBCI tribal licensing authority may issue a holding order pending further examination or analysis to determine whether the food is adulterated or misbranded, or otherwise fails to meet the standards set forth in this title.
(2) The TMBCI tribal licensing authority shall serve a holding order by delivering it to the owner or custodian of the food, or by placing a copy in a conspicuous place on or near the food products.
(3) A holding order remains in effect for 14 days unless it is withdrawn. A holding order may be extended by 14 days by re-issuing and serving the re-issued holding order in subsection (2), above.
(4) No person may sell, move or alter any food under holding order, except with the written permission of the TMBCI tribal licensing authority. The TMBCI tribal licensing authority may authorize the owner or custodian to take corrective action.
(5) The TMBCI tribal licensing authority may release a holding order if the TMBCI tribal licensing authority finds that the suspect product is not adulterated or misbranded, or that the violation has been corrected.
(j) Condemnation Order.
(1) If the TMBCI tribal licensing authority finds that food is adulterated, misbranded, or a class 2 or 3 meat product is not derived from a carcass that passed inspection pursuant to Sec. 5.05 [Post-Mortem Inspection], the TMBCI tribal licensing authority may order the owner or custodian to do any of the following:
(A) Correct the violation within a reasonable time period in a manner specified by the TMBCI tribal licensing authority in writing.
(B) Dispose of the product, in a manner specified by the TMBCI tribal licensing authority in writing. The product may be ordered disposed if a violation cannot be corrected, or if the owner or custodian fails to correct the violation in the time period specified in subsection (A), above.
(2) The TMBCI tribal licensing authority shall serve an order under subsection (1), above, by delivering a copy of the order to the owner or custodian of the food, or by placing a copy in a conspicuous place on or near the food product. An order takes place when served.
(3) No person may sell, move or alter any food covered by a condemnation order, except as directed by the TMBCI tribal licensing authority.
(k) The TMBCI tribal licensing authority may order a person to correct a violation of this title, and may specify a deadline for correcting the violation.
(l) The TMBCI tribal licensing authority may issue an order prohibiting the use of unsanitary facilities, equipment or utensils that may contaminate class 1, 2 or 3 food. The TMBCI tribal licensing authority may issue an order under this subsection by applying a "REJECTED" tag to the facilities, equipment or utensils. A person may not use those facilities, equipment or utensils until the violation is corrected and the order is withdrawn.
(m) Any food processing plant, retail food establishment, or facility of a class 1 meat vendor, class 1 fish vendor, low risk food vendor or non-exempt produce harvester that has been closed down by the TMBCI tribal licensing authority due to evidence of a serious health or safety threat must provide evidence of satisfactorily corrected compliance to the TMBCI tribal licensing authority prior to being reopened for business.
(1) Any food production or distribution establishment that has been closed due to a violation of the applicable law must be re-inspected by the TMBCI tribal licensing authority at the vendor's cost with a resulting satisfactory inspection pursuant to the applicable standards contained in this title and any other standards that apply to the operations.
(2) Any food production or distribution establishment that has been ordered closed, may only receive a probationary license for six months upon evidence of satisfactory compliance with applicable sections of this title and any other standards that apply to the operations.
(3) After six months of compliance with applicable sections of this title and any other standards that apply to the operations, as determined by the TMBCI tribal licensing authority, the licensee may apply to receive an annual license.
(4) Any food production or distribution establishment operator who violates any provision of this title, upon conviction, shall forfeit not less than $5.00 nor more than $500.00, together with the costs of prosecution. In default of payment of such forfeitures and costs, the food production or distribution establishment shall be closed down or remain closed until such forfeitures and costs are paid and all other areas of non-compliance with this title or other applicable standards have been cured.
(n) Appeals.
(1) Parties who disagree with the decisions of the TMBCI tribal licensing authority regarding issues of licensing or inspections may appeal to the TMBCI Court (b) Hearings will be conducted according to [the Rules of Civil Procedure] as established by Title 18.
