Ariz. Admin. Code § 3-10-1604

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-10-1604 - Routine Inspection, Reinspection, or For Cause Inspection

A. For a routine inspection, reinspection or for cause inspection, if the inspector observes conditions that will not cause produce contamination, but require corrective action, the inspector may take any of the following actions:

1. Discuss observed conditions with the designated representative;

2. Document findings on the inspection form;

3. Agree on a timeline for corrective actions and preventative measures; or

4. Determine if any further training, guidance documents or technical assistance is necessary.

B. During a routine inspection, reinspection or for cause inspection, if the inspector observes conditions that may cause produce contamination, the inspector may take any of the following actions:

1. Discuss observed conditions with the designated representative;

2. Document findings on the inspection form;

3. Determine if any covered produce has left the control of the regulated person;

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

5. Schedule a reinspection within 3 to 10 days or a time appropriate to the growing season; 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.

C. During a routine inspection, reinspection or for cause inspection, if the inspector observes conditions that indicate an imminent public health hazard and the covered produce is still under 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. Evaluate the covered produce for embargo and disposal 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. During a routine inspection, reinspection or for cause 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.

E. In order to address any condition described in subsection (C) and (D), 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 § R3-10-1604

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