Ala. Admin. Code r. 420-3-18-.06

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-3-18-.06 - Enforcement

(1)Correction of violations - The completed inspection report form shall specify a reasonable period of time for the correction of the deficiencies found. Correction of the deficiencies shall be accomplished within the period specified, in accordance with the following provisions:

(a) All critical deficiencies shall be corrected immediately, during the course of the inspection, or the shellfish processing facility permit shall be immediately suspended in accordance with 420-3-18-.04(6) and all shellfish processing operations shall cease until the permit is reinstated. Whenever a critical deficiency is corrected during the course of the inspection, legal notice to maintain compliance without repeat critical deficiencies shall be issued to the permittee or key employee.

(b) All key deficiencies shall be corrected as soon as possible, but in any event within at most 30 days from the date of the inspection and in accordance with the following provisions:

1. A compliance schedule, including dates for corrections to be completed, shall be noted on the inspection report form.

2. Legal notice to correct key deficiency(ies) shall be issued to the permittee or key employee whenever key deficiency(ies) are not corrected according to the compliance schedule. Refusal of the permittee or key employee to sign the inspection report form, compliance schedule, or any legal notice shall not negate the compliance schedule.

(c) All other deficiencies shall be corrected as soon as possible, but in any event by the time of the next routine inspection and in accordance with the following provisions:

1. A compliance schedule, including dates for corrections to be completed, shall be noted on the inspection report form.

2. Legal notice to correct other deficiencies shall be issued to the permittee or key employee whenever other deficiency(ies) are not corrected according to the compliance schedule. Refusal of the permittee or key employee to sign the inspection report form, compliance schedule, or any legal notice shall not negate the compliance schedule.

(2)Reinspection to determine compliance -

Reinspection shall be conducted as necessary to determine compliance with schedules or notices.

(a) If, on reinspection, the deficiencies noted on the inspection report have been corrected according to the compliance schedule, the facility is returned to routine inspection status.

(b) A "Notice of Intent to Suspend/Revoke Permit" shall be issued when repeat deficiency(ies) are found on reinspection.

(c) If a "Notice of Intent to Suspend/Revoke Permit" was issued on reinspection, a second reinspection shall be conducted within 15 days. The permit shall be suspended if any repeat critical, key, or other deficiencies are found. The facility will be returned to routine inspection status if:

1. No new critical or repeat critical deficiencies are found.

2. No repeat key deficiencies are found.

3. No repeat other deficiencies are found.

(3)Penalty provided by law - Any person who knowingly violates or fails or refuses to obey or comply with any rule or regulation adopted and promulgated by the State Board of Health shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25 nor more than $500 and, if the violation or failure or refusal to obey or comply with such rule or regulation is a continuing one, each day's violation, or failure or refusal shall constitute a separate offense and shall be punished accordingly.

Ala. Admin. Code r. 420-3-18-.06

Repealed and New Rule: Filed November 20, 2003; effective December 25, 2003. Amended: Filed July 23, 2012; effective August 27, 2012.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 01, October 30, 2020, eff. 12/14/2020.

Authors: Lewis A. Byrd, Ph.D., Christine Collins, Jeff McCool, Greg Dunn, Byron Webb

Statutory Authority:Code of Ala. 1975, §§ 9-12-126, 22-2-2(6), 22-20-5.