Idaho Admin. Code r. 16.02.19.831 - SUMMARY SUSPENSION OF LICENSE

Current through August 30, 2021

The regulatory authority may summarily suspend a license to operate a food establishment when it determines an imminent health hazard exists. (7-1-21)T

01. Reasons a Summary Suspension May Be Issued. When a food establishment does not follow the principles of food safety, or a foodborne illness is found, or an environmental health hazard exists and public safety cannot be assured by the continued operation of the food establishment, a summary suspension may be issued. The following are some reasons the regulatory authority may determine a summary suspension is necessary: (7-1-21)T
a. Inspection of the food establishment shows uncorrected critical violations; (7-1-21)T
b. Examination of food shows the food is unsafe; (7-1-21)T
c. Review of records shows that proper steps for food safety have not been met; (7-1-21)T
d. An employee working with food is suspected of having a disease that is communicable through food; or (7-1-21)T
e. An imminent health hazard exists. (7-1-21)T
02. Prior Notification Is not Required for a Summary Suspension. Upon providing a written notice of summary suspension to the license holder or person in charge, the regulatory authority may suspend a food establishment's license without prior warning, notice of hearing, or hearing. (7-1-21)T
03. Written Notice of Summary Suspension. The regulatory authority must give the license holder or person in charge a written notice when suspending a license. The notice must include the following: (7-1-21)T
a. The specific reasons or violations the summary suspension is issued for with reference to the specific section of the 2013 Food Code which is in violation; (7-1-21)T
b. A statement notifying the food establishment its license is suspended and all food operations are to cease immediately; (7-1-21)T
c. The name and address of the regulatory authority representative to whom a written request for reinspection can be made and who can certify the reasons for the suspension have been eliminated; (7-1-21)T
d. A statement notifying the food establishment of its right to an informal hearing with the regulatory authority upon submission of a written request within fifteen (15) days of receiving the summary suspension notice; and (7-1-21)T
e. A statement informing the food establishment that proceedings for revocation of its license will be initiated by the regulatory authority, if violations are not corrected. (7-1-21)T
f. The right to appeal to the Department as provided in Section 861 of these rules. (7-1-21)T
04. Length of Summary Suspension. The suspension will remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the regulatory authority during a re-inspection. (7-1-21)T
05. Re-Inspection of Food Establishment. The regulatory authority will conduct a re-inspection of the food establishment within two (2) working days of receiving a written request stating the condition for the suspension no longer exists. (7-1-21)T
06. Reinstatement of License. The regulatory authority will immediately reinstate the suspended license if the re-inspection determines the public health hazard no longer exists. The regulatory authority will provide a written notice of reinstatement to the license holder or person in charge. (7-1-21)T

Notes

Idaho Admin. Code r. 16.02.19.831

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