18 AAC 31.900 - Inspections and audits

Current through September 28, 2021

(a) The department may conduct inspections or audits to determine compliance with this chapter and will record the findings on an inspection report.
(b) The operator of a food establishment shall allow an employee or agent of the department, after proper identification, to enter and have free access to the establishment during reasonable hours to
(1) inspect all or any portion of the establishment, including each type of operation required to have a permit under 18 AAC 31.020;
(2) inspect all or any portion of any commissary, servicing area, or other facility supporting or operating in conjunction with the food establishment, including areas supporting vending machines;
(3) examine records relating to the establishment's certified food protection manager, food worker cards, and food and supplies purchased, received, or used;
(4) examine standard operating procedures and self-assessments conducted by the establishment, if the establishment is required to implement standard operating procedures or conduct self-assessments under 18 AAC 31.902;
(5) investigate any employee illness or absenteeism to determine compliance with 18 AAC 31.300 or as part of a foodborne illness investigation, as specified in 18 AAC 31.907;
(6) examine food, observe procedures, obtain samples, or conduct tests to determine compliance with this chapter; and
(7) interview employees to determine knowledge of and compliance with safe food handling procedures and food safety practices specified in this chapter.
(c) After an inspection, the operator of a food establishment shall correct violations as follows:
(1) a risk factor or intervention violation must be corrected immediately; if the department agrees that immediate correction is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and the protection of public health, the department may designate a correction period of up to 10 days on the form; and
(2) a good retail practice violation must be corrected immediately; if the department agrees that immediate correction is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and the protection of public health, the department may designate a correction period of up to 90 days on the form.
(d) The operator of a food establishment shall notify the department in writing when the operator has corrected a violation. The department may conduct an inspection to confirm correction.
(e) The department will review inspection findings under 18 AAC 31.940 if the operator of a food establishment submits a written review request within 10 days after receiving the finding.
(f) The operator of a food establishment shall
(1) post a copy of the most recent inspection report; and
(2) provide a copy of this chapter for review by employees.
(g) The department will, if it determines that publication serves the interests of public health and consumer protection, publish inspection reports or ratings in a newspaper or on the department's Internet website.
(h) An operator of a food establishment may request that the department conduct a consultative inspection to determine compliance with this chapter. A violation noted during a consultative inspection is not subject to enforcement action under 18 AAC 31.905, including permit suspension, but the department may conduct an inspection to verify correction of the violation.

Notes

18 AAC 31.900
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/1/2004, Register 172; am 12/28/2006, Register 180

Authority:AS 03.05.011

AS 03.05.040

AS 17.20.005

AS 17.20.010

AS 17.20.020

AS 17.20.070

AS 17.20.072

AS 17.20.180

AS 17.20.200

AS 17.20.220

AS 17.20.290

AS 44.46.020

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