Ala. Admin. Code r. 420-3-20-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-20-.05 - Inspections

(1)Inspection frequency. Food processing establishments shall be inspected:

(a) At least two times each year with a maximum lapse of 210 days between inspections for Priority Category 1 food processing establishments.

(b) At least four times each year with a maximum lapse of 120 days between inspections for Priority Category 2 food processing establishments.

(c) Establishments with less than a satisfactory compliance level on the most recent inspection as evidenced by observations of ten or more enumerated violations shall be inspected again within 10 days.

(d) Legal notices shall be issued when priority items including: food source and condition; potentially hazardous food temperatures; facilities to maintain product temperature; failure to follow a HACCP plan when such plan is required by these rules; infected persons; good hygienic practices; sanitization; water supply; sewage; cross connections, back-siphonage and back-flow; toilet and handwashing facilities; vermin control; and toxic items are violated. Necessary reinspections shall be made in accordance with Rule 420-3-20-.05(4).

(e) Additional inspections of food processing establishments shall be performed as often as necessary for the enforcement of these rules.

(2)Access. The Health Officer, after proper identification, shall be permitted to enter any food processing establishment at any reasonable time for the purpose of making inspections to determine compliance with these rules. The Health Officer shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed, copy records if necessary as part of an inspection or investigation, and to make photographs for documentation purposes.

(3)Report of inspections. Whenever an inspection of a food-processing establishment is made, the findings shall be recorded on the inspection report form prescribed by the Board. Inspection remarks shall be written to reference, by rule number, the rule violated and shall state the corrections to be made. The original of the inspection report form shall be conspicuously displayed for public view within the establishment. A copy of the inspection report shall be filed with the records of the County Health Department. The completed inspection report form is a public document that shall be made available for public disclosure.

(4)Correction of violations.

(a) The complete inspection report form shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:

1. If an imminent health hazard exists, such as extended interruption of electrical or water service, complete lack of refrigeration, complete lack of hot water under pressure when required for sanitary operation, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health, the establishment shall immediately cease operations. Operations shall not be resumed until authorized by the Health Officer. A permit holder need not discontinue operations in an area of an establishment if, in the opinion of the Health Officer, the area is unaffected by the imminent health hazard.

2. Violations of priority items shall be corrected as soon as possible, but in any event, within 10 days following the inspection.

3. All other items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection.

(b) The inspection report shall state that failure to comply with any time limits to take corrective actions may result in a proposed suspension or revocation of the permit.

(c) A deviation from a required HACCP plan that has been corrected, with the corrective action documented by the time of the inspection, is not considered a violation. This allowance does not preclude the Health Officer from taking necessary action under 420-3-20-.06 if potentially contaminated food has entered commerce.

(5)Surveys and training. The Department shall make Food Processing Establishment Sanitation Surveys and Program Evaluations as deemed necessary by the Board. The survey shall be made in accordance with these rules, and the results shall be incorporated in the Annual Alabama Public Health Report. The Department shall provide education and training in food processing establishment sanitation; in standardized inspection techniques; in enforcement procedures; and issue rule interpretations as needed.

Ala. Admin. Code r. 420-3-20-.05

Filed March 23, 1984. Amended: Filed November 19, 1987. Repealed and New Rule: Filed November 19, 2010; effective December 24, 2010.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 02, November 26, 2014, eff. 12/24/2014.

Rule .15 was renumbered to .05 as per certification filed November 19, 2010; effective December 24, 2010.

Authors: Ronald Dawsey, Mitzi Waldo

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