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.