Ceasing Operations and Reporting

An owner or permit holder must immediately discontinue operations and notify the health department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, the onset of an apparent food-borne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health.

If operations are discontinued because of an imminent health hazard, the establishment cannot reopen unless the owner has approval from the health department to resume operations.

At the time of an inspection, the establishment owner must correct a critical violation of the Food Code and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.

Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the health department may agree to or specify a longer time frame, not to exceed ten calendar days after the inspection, for the permit
holder to correct critical Food Code violations or HACCP plan deviations.

Issuing Report and Obtaining Acknowledgment of Receipt

At the conclusion of the inspection, the health department official will provide a copy of the completed inspection report and the notice to correct violations to the person in charge and request a signed acknowledgment of receipt.

If the person in charge refuses to sign the report, the health department will:

1. Inform the person who declines to sign an acknowledgment of receipt of inspectional findings that:

• An acknowledgment of receipt is not an agreement with findings.

• Refusal to sign an acknowledgment of receipt will not affect the permit holder’s obligation to correct the violations noted in the inspection report within the time frames specified.

• A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the health department’s historical record for the food establishment.

2. Make a final request that the person in charge sign an acknowledgment receipt of inspectional findings.

The health department will treat the inspection report as a public document and make it available for disclosure to someone who requests it.

Documenting Information and Observations

The health department official shall document the following on an inspection report form: • Administrative information about the establishment’s legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply and sewage disposal, status of the permit, and personnel certificates that may be required.

• Specific factual observations of violative conditions or other deviations from the Food Code that require correction by the permit holder, including:

1. Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention and the application of HACCP principles.

2. Failure of employees and the person in charge to demonstrate their knowledge of their responsibility to report a disease or medical condition.

3. Nonconformance with critical items of the Food Code.

4. Failure of the appropriate employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification and corrective action practices required by the health department.

5. Failure of the person in charge to provide records required by the health department for determining conformance with a HACCP plan.

6. Nonconformance with critical limits of a HACCP plan.

The health department official also shall specify on the inspection report form the time frame for correction of the violations.

Inspection And Correction of Violation

The health department will inspect a food operation at least once every six months. It may increase the interval between inspections beyond six months if: • The food establishment is fully operating under an approved and validated HACCP (pronounced hassip) plan. • The food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction and at least once every six months if the establishment is contacted by telephone or other means by the health department to ensure that the establishment manager and the nature of
food operation have not changed.

• The establishment’s operation involves only coffee service and other unpackaged or prepackaged food that is not potentially hazardous such as carbonated beverages and snack food such as chips, nuts, popcorn and pretzels.

The health department may conduct more frequent inspections based upon its assessment of a food operation’s history of compliance and the establishment’s potential as a vector of food-borne illness by evaluating:

• Past performance, for nonconformance with critical Food Code or HACCP plan requirements.

• Past performance, for numerous or repeat violations of noncritical Food Code or HACCP plan requirements.

• Past performance, for complaints investigated and found to be valid.

• The hazards associated with the particular foods that are prepared, stored or served.

• The type of operation including the methods and extent of food storage, preparation and service.

• The number of people served.

• Whether the population served is a highly susceptible population.

Access—Reasonable Times After Due Notice

After the health department presents official credentials and provides notice of the purpose of and an intent to conduct an inspection, the person that is in charge must allow the health department official to determine if the establishment is in compliance with the Food Code by allowing access to the establishment, allowing inspection, and providing information and records specified in the Code and to which the health department is entitled according to law. This access must be given during the food establishment’s hours of operation and other reasonable times.

If a person denies access to the health department, the department official shall inform the person that:

1. The permit holder is required to allow access to the health department.
2. Access is a condition of the acceptance and retention of a food establishment permit to operate.
3. An order issued by the appropriate authority allowing access, hereinafter referred to as an inspection order, may be obtained according to the law.

After doing this the official will make one final request for access.

If after the health department official presents credentials and provides notice as specified above, explains the authority upon which access is requested, and makes a final request for access, the person in charge continues to refuse access, the health department official shall provide details of the denial of access on an inspection report form.

If denied access for an authorized purpose and after complying with the above actions, the health department may issue, or apply for the issuance of, an inspection order to gain access.

The Health Department

It’s a good idea to work closely with your local health department. In large cities the health department is usually the city health department. In smaller towns you may work with the county or state health department. Many food service managers view their local health department as the enemy, thinking only of the inspections conducted by the department. However, the health department is a good source of information for food service managers. For example, your local health department can provide you with a copy of the food safety regulations and standards that apply to your type of operation.

The health department is also responsible for issuing food service permits. (You cannot operate a food service establishment without a valid permit issued by your local authority.)

You should apply for the permit long before you actually open because the permit process does take some time. Often the health department might want to see blueprints and specs if you are opening a new building or doing extensive remodeling.

The number of inspections conducted by health departments will vary dependent on the risk a food establishment poses. In determining how many times a facility will be inspected a year, the health department authorities will look at the facility’s sanitation history, number of meals served, number of potentially hazardous items on the menu, and number of critical violations that have been documented. Low-risk operations are generally inspected every six months. Higher-risk operations may be inspected four or more times a year.