Md. Code Regs. 10.15.03.30 - Food Service Facility Inspections-Types and Frequencies

Current through Register Vol. 49, No. 8, April 8, 2022

The approving authority shall ensure that:

A. The following types of inspections are conducted:
(1) A comprehensive inspection that contains:
(a) A monitoring inspection as set forth in §A(2) of this regulation;
(b) A HACCP compliance inspection as set forth in §A(3) of this regulation; and
(c) An inspection of the physical facility to ensure compliance with the applicable sections of this chapter, including those governing:
(i) Floors;
(ii) Walls;
(iii) Ceilings;
(iv) Lighting;
(v) Ventilation;
(vi) Hoods;
(vii) Food equipment;
(viii) Toxic substances and cleaning supplies storage and use;
(ix) Cleaning, rinsing, and sanitizing;
(x) Mechanical warewashers;
(xi) Insects, rodents, birds, or other animals;
(xii) Trash disposal;
(xiii) Hand sinks;
(xiv) Bathroom fixtures; and
(xv) Backflow and backsiphonage prevention;
(2) A monitoring inspection that contains:
(a) An inspection for compliance with critical items as:
(i) Defined in Regulation .02B(19) of this chapter; and
(ii) Outlined in §C of this regulation;
(b) A menu review to determine whether the existing priority assessment is correct; and
(c) An evaluation of the physical facility to ensure that food is protected; and
(3) A HACCP compliance inspection that contains:
(a) An inspection for compliance with Regulation .34 of this chapter;
(b) A comparison of the HACCP plan on site to the current menu;
(c) An evaluation of the food preparation in progress to ensure that each CCP:
(i) Is properly identified;
(ii) Is monitored according to the procedures contained in the HACCP plan; and
(iii) Has a corrective action that is implemented according to procedures contained in the HACCP plan;
(d) Verification that the procedures used to monitor each CCP are accurate; and
(e) Action to:
(i) Enforce compliance with the HACCP plan; or
(ii) Have the existing HACCP plan revised to comply with Regulation .33E and F of this chapter;
B. The person-in-charge is in compliance with critical items when the person-in-charge:
(1) Receives food from approved sources;
(2) Protects food from adulteration;
(3) Ensures that an individual who works with food:
(a) Washes hands as necessary to protect food and food contact surfaces from contamination; and
(b) Is excluded if ill as set forth in Regulation .14A and B of this chapter;
(4) Cools potentially hazardous food:
(a) As set forth in Regulation .11A-C of this chapter; and
(b) In equipment that complies with Regulation .15 of this chapter;
(5) Maintains potentially hazardous food:
(a) Hot:
(i) At hot holding temperatures as set forth in Regulation .06B(7) of this chapter; and
(ii) In equipment that complies with Regulation .15 of this chapter; or
(b) Cold:
(i) At refrigeration temperatures as set forth in Regulation .06B(7) of this chapter; and
(ii) In equipment that complies with Regulation .15 of this chapter;
(6) Cooks and reheats potentially hazardous food:
(a) As set forth in Regulations .10 and .11D of this chapter; and
(b) In equipment that complies with Regulation .15 of this chapter;
(7) Provides an adequate supply of potable water for:
(a) Food preparation;
(b) Hand washing;
(c) Utensil washing;
(d) Toilet facilities; and
(e) Facility sanitation; and
(8) Properly discharges sewage as set forth in Regulation .18F and G of this chapter;
C. A food service facility is inspected:
(1) As needed for the enforcement of this chapter;
(2) When a high priority food service facility:
(a) At a minimum frequency of three times per year, one at every 4-month interval;
(b) Except as provided in §D of this regulation, using:
(i) A comprehensive inspection; and
(ii) Two monitoring inspections; and
(c) That operates fewer than 12 months in a year, using one comprehensive inspection:
(i) Per operating season if the operating season is less than 4 months; or
(ii) During each 4 month interval if the operating season is 4 months or greater;
(3) When a moderate priority food service facility:
(a) At a minimum of two times per year, one every 6 months;
(b) Except as provided in §D of this regulation, using:
(i) A comprehensive inspection; and
(ii) A monitoring inspection; and
(c) That operates fewer than 12 months a year, using a comprehensive inspection during each period of 6 months or less;
(4) When a low priority food service facility, using a comprehensive inspection at a minimum of once every 2 years except that a HACCP compliance inspection is not required;
(5) When a temporary food service facility, using a monitoring inspection as set forth in Regulation .30A(2) of this chapter during each licensure period; and
(6) When a seasonal farmer's market producer sampling food service facility, using a monitoring inspection:
(a) A minimum of two times per year, once every 6-month interval;
(b) Except as provided in §D of this regulation; and
(c) That operates fewer than 12 months in a year:
(i) Per operating season if the operating season is less than 6 months; or
(ii) During each 6-month interval if the operating season is 6 months or greater; and
D. A food service facility is inspected as soon as possible when the food service facility has been associated with foodborne illness, using a:
(1) HACCP compliance inspection that focuses on the food implicated with illness; and
(2) Upon completion of the HACCP compliance inspection, either a:
(a) Comprehensive inspection; or
(b) Monitoring inspection.

Notes

Md. Code Regs. 10.15.03.30
Regulations .30 adopted effective December 17, 2007 (34:25 Md. R. 2211)
Regulation .30B, C amended effective March 19, 2010 (37:4 Md. R. 341)
Regulation .30C amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83); amended effective 47:20 Md. R. 875, eff. 10/5/2020

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