Utah Admin. Code R392-105-15 - Inspections, Corrective Actions, and Prevention of Foodborne Disease
(1) A local health officer shall:
(a) ensure compliance with this rule when
inspecting a kitchen facility;
(b)
inspect the kitchen facility of a farm that requests an agritourism food
establishment permit only:
(i) for an initial
inspection, no more than one week before the agritourism food establishment is
scheduled to begin operation;
(ii)
for an unscheduled inspection if the local health department conducts the
inspection within three days before or after the day on which the agritourism
food establishment is scheduled to begin operation; or
(iii) for subsequent inspections if:
(A) the local health department provides the
operator with reasonable advanced notice about an inspection; or
(B) the local health department has a valid
reason to suspect that the agritourism food establishment is the source of an
adulterated food or of an outbreak of illness caused by a contaminated food;
and
(c)
document the reason for any inspection on an inspection report form approved by
the department after the permitting inspection, keep a copy of that
documentation on file with the agritourism food establishment's permit, and
provide a copy of that documentation to the operator.
(2) Upon presenting proper identification and
providing notice of the intent to conduct an inspection as specified in
Subsection R392-105-15(1)(b), the operator shall allow the local health officer
to determine if the agritourism food establishment is in compliance with this
rule by allowing access to the establishment, allowing inspection, and
providing information and records specified in this rule.
(3) If an operator denies access to the local
health officer, the local health officer shall:
(a) inform the operator that:
(i) the operator shall allow access to the
local health officer as specified under Subsection R392-105-15(1);
(ii) access is a condition of the acceptance
and retention of a permit to operate as specified under Section R392-105-5;
and
(iii) if access is denied, an
order issued by an appropriate authority allowing access may be obtained;
and
(b) make a final
request for access; and
(c) if the
operator continues to refuse access, provide details of the denial of access on
an inspection report form.
(5) The local health officer shall document
at least the following on an inspection report form that has been approved by
the department:
(a) specific factual
observations of noncompliant conditions or other deviations from this rule that
require correction by the operator including:
(i) failure of the operator to demonstrate
the knowledge of foodborne illness prevention; and
(ii) failure of employees and the operator to
report a disease or medical condition; and
(b) time frame for correction of
violations.
(6) At the
conclusion of the inspection the local health officer shall provide a copy of
the completed inspection report and the notice to correct violations to the
operator or to the person in charge, and request a signed acknowledgment of
receipt.
(7)
(a) The local health officer shall inform a
person who declines to sign an acknowledgment of receipt of inspectional
findings that:
(i) an acknowledgment of
receipt is not an agreement with findings;
(ii) refusal to sign an acknowledgment of
receipt will not affect the operator's obligation to correct the violations
noted in the inspection report within the time frames listed; and
(iii) a refusal to sign an acknowledgment of
receipt is noted in the inspection report and conveyed to the historical record
for the agritourism food establishment.
(b) The local health officer shall then make
a final request that the person in charge sign an acknowledgment of receipt of
inspectional findings.
(8) The local health officer shall treat the
inspection report as a public document and shall make it available for
disclosure.
(9) Repeat violations
may prompt further compliance and enforcement actions.
(10)
(a) An
operator shall immediately discontinue operations and notify the local health
department if an imminent health hazard exists.
(b) If operations are discontinued as
required by the local health officer or in response to an imminent health
hazard, the operator shall obtain approval from the local health officer before
resuming operations.
(11) A local health officer may conduct
subsequent inspections, as needed and in accordance with Subsection
R392-105-15(1)(b)(iii), to ensure the timely resolution of inspection findings
after providing the operator with reasonable advanced notice about the
inspection.
Notes
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