Utah Admin. Code R392-106-15 - Inspections, Corrective Actions, and Prevention of Foodborne Disease
(1) A local health officer shall:
(a) inspect a facility that requests a
microenterprise home kitchen permit only for:
(i) an initial inspection, no more than one
week before the microenterprise home kitchen is scheduled to begin
operation;
(ii) an unscheduled
inspection, if the local health department conducts the inspection:
(A) within three days before or after the day
on which the microenterprise home kitchen is scheduled to begin operation;
or
(B) during operating hours of
the microenterprise home kitchen; or
(iii) a subsequent inspection if:
(A) the local health department provides the
operator with reasonable advanced notice of the inspection; or
(B) the local health department has a valid
reason to suspect that the microenterprise home kitchen is the source of an
adulterated food or of an outbreak of illness caused by a contaminated
food;
(b)
ensure compliance with this rule when inspecting a microenterprise home kitchen
facility; and
(c) document the
reason for an inspection on an inspection report form approved by the
Department after the permitting inspection, keep a copy of that documentation
on file with the microenterprise home kitchen's permit, and provide a copy of
that documentation to the operator.
(2) When a local health officer presents
proper identification and provides notice of the intent to conduct an
inspection, the operator shall allow the local health officer to determine if
the microenterprise home kitchen 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 is required to allow access
to the local health officer as specified under Subsection
R392-106-15(2);
(ii) access is a
condition of the acceptance and retention of a permit to operate as specified
under Section R392-106-5;
(iii) the
permit may be revoked in accordance with Subsection R392-106-5(9);
and
(iv) if access is denied, an
order issued by an appropriate authority allowing access may be
obtained;
(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.
(4) The local health officer shall document
at least the following on an inspection report form:
(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 as required
in Subsection R392-106-14(3); and
(b) time frame for correction of
violations.
(5) 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 the operator's designee, and request a signed acknowledgement of
receipt.
(6)
(a) The local health officer shall inform a
person who declines to sign an acknowledgement of receipt of inspectional
findings that:
(i) an acknowledgment of
receipt is not an agreement with findings;
(ii) refusal to sign an acknowledgement 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 acknowledgement of
receipt is noted in the inspection report and conveyed to the historical record
for the microenterprise home kitchen; and
(b) the local health officer shall then make
a final request that the operator or operator's designee sign an
acknowledgement of receipt of inspectional findings.
(7) The local health officer shall treat the
inspection report as a public document and shall make it available for
disclosure.
(8) Repeat violations
may prompt further compliance and enforcement actions, including a subsequent
inspection.
(9)
(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.
(10) A local health officer may conduct
subsequent inspections, as needed and in accordance with Subsection
R392-106-15(1)(a)(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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