Ariz. Admin. Code § 3-10-1603

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-10-1603 - Initial Inspection

A. For an initial inspection, if the inspector observes a condition indicating the regulated person is not in compliance, and the condition is not egregious or an imminent health hazard, the inspector may provide outreach and education resources as appropriate for:

1. Training;

2. Guidance documents;

3. Technical assistance network; and

4. On-farm direct technical assistance.

B. During an initial inspection, if the inspector observes a condition that likely has caused an imminent public health hazard and the covered produce is still under the control of the regulated person, the inspector may take immediate action as follows:

1. Discuss observed conditions with the designated representative;

2. Document findings on the inspection form;

3. Determine a timeline for corrective actions and preventative measures;

4. Evaluate the covered produce for embargo and disposal in conjunction with the Associate Director;

5. Schedule a reinspection within 3 to 10 days; and

6. Forward the findings to the Associate Director to determine if any other enforcement action is necessary. The Associate Director may also communicate findings to FDA, Arizona Department of Health Services, county departments of health or other agencies as appropriate.

C. During an initial inspection, if the inspector observes conditions indicating an egregious situation and the covered produce has left the control of the regulated person, the inspector may immediately take any of the following actions:

1. Discuss observed conditions with the designated representative;

2. Document findings on the inspection form;

3. Determine a timeline for corrective actions and preventative measures;

4. Initiate a recall, embargo or stop sale in conjunction with the Associate Director;

5. Schedule a reinspection within 3 to 10 days; or

6. Forward the findings to the Associate Director to determine if any other enforcement action is necessary. The Associate Director may also communicate findings to FDA, Arizona Department of Health Services, county departments of health or other agencies as appropriate.

D. In order to address any condition described in subsection (B) and (C), the regulated person or anyone controlling the covered produce may take immediate corrective action and stop the harvest or institute a voluntary withdrawal of the affected covered produce as appropriate.

Ariz. Admin. Code § R3-10-1603

Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.