D.C. Mun. Regs. tit. 25, r. 25-K108

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 25-K108 - REQUIRED INSPECTIONS AND ADMINISTRATIVE REMEDIES

108.1

When conducting preoperational inspections, the Department shall enter the premises of an applicant requesting a cottage food business on an agreed upon scheduled date and time during normal business hours from Monday through Friday.

108.2

The Department shall also inspect the premises of a registered cottage food business in response to a foodborne illness outbreak, consumer complaint, or other public health emergency.

108.3

The Department shall inspect during normal business hours, or at other reasonable times, whenever the Department has reason to believe the cottage food business is operating in violation of these regulations or is operating in an unsanitary manner.

108.4

A Department representative shall present official credentials and request to enter a cottage food business upon the Department's receipt of a complaint to investigate the cottage food business' compliance with these regulations, in accordance with Sections 4932(d)(1) and (2) of Section 2 of the Cottage Food Amendment Act of 2013 (D.C. Official Code § 7-742.02(d)(1) and (2) (2016 Supp.)) and Subsection 108.3 of these regulations.

108.5

The owner of a cottage food business shall grant a Department representative who requests entry access to inspect the premises to determine the cottage food business' compliance with these regulations, in accordance with Section 4932(d)(3)(A) of Section 2 of the Cottage Food Amendment Act of 2013 (D.C. Official Code § 7-742.02(d)(3)(A) (2016 Supp.)) and Subsection 108.3 of these regulations.

108.6

If the Department representative is unable to gain access to conduct an inspection, the Department shall leave a Notice of Attempt to Conduct an Inspection. The owner of the cottage food business shall be required to contact the Department within seventy-two (72) hours of posting of the Notice of Attempt to Conduct an Inspection.

108.7

Failure to contact the Department within the required seventy-two (72) hour period may result in the summary suspension of the Cottage Food Business Registry Identification Number.

108.8

The Department shall inspect a cottage food business operation's to ensure that:

(a) The production, packaging, storage, or sale of cottage food products listed on the cottage food business registry application and approved by the Department are the only food products being produced, packaged, stored, or sold by the cottage food business;

(b) Authorized persons other than the owner of the cottage food business, or persons under the direct supervision of the owner, are the only individuals engaged in the processing, preparing, packaging, or handling of any cottage food products, or are the only individuals in the home kitchen during the preparation, packaging, or handling of any cottage food products;

(c) Authorized persons involved in the preparation, packaging, or handling of cottage food products:

(1) Are not working in the home kitchen when ill;

(2) Wash their hands thoroughly before any food preparation and food packaging activities; and

(3) Use single-service gloves, bakery papers, tongs, or other utensils to avoid bare hand contact with ready-to-eat foods.

(d) The preparation, packaging, or handling of cottage food products is not taking place in the home kitchen at the same time as any domestic activities such as family meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment;

(e) Infants or small children are not in the home kitchen during the preparation, packaging, or handling of any cottage food products;

(f) Pets are excluded from the kitchen during the preparation, packaging or handling of cottage food products;

(g) Only standard, residential (non-commercial) kitchen equipment and utensils are used to produce the cottage food products;

(h) All food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of any cottage food products are smooth and easily cleanable, and are washed, rinsed, and sanitized before each use;

(i) The home kitchen is free from the presence of insects, rodents and other pests, and there are no entry points for insects, rodents and other pests in the home kitchen; and

(j) All cottage food products and equipment are properly stored.

108.9

The owner of a cottage food business shall not interfere with any inspection by a Department representative of the business, in accordance with Section 4932(d)(3)(B) of Section 2 of the Cottage Food Amendment Act of 2013 (D.C. Official Code § 7-742.02(d)(3)(B) (2016 Supp.)).

108.10

The Department may summarily suspend a Cottage Food Business Registry Identification Number by issuing a Summary Suspension Order if it determines following an inspection that there is a suspected foodborne outbreak or other public health emergency, including but not limited to operating in an unsanitary manner, non-compliance with an Order to Cease and Desist or a Department Directive, or non-compliance with these regulations.

108.11

A summary suspension shall remain in effect until the conditions cited in the Summary Suspension Order no longer exist and abatement of the cited conditions has been confirmed by the Department through re- inspection or other means, as appropriate.

108.12

A Cottage Food Business Registry Identification Number that has been summarily suspended shall be reinstated when the Department determines that the public health hazard cited in the Summary Suspension Order no longer exists. The Department shall provide the owner of the cottage food business with a notice of reinstatement.

108.13

If the owner of a cottage food business does not comply with any provision of these regulations or refuses to comply with an Order to Cease and Desist, Summary Suspension Order, or any Department Directive, the cottage food business shall be removed from the Cottage Food Business Registry and the owner shall be required to file a new application to the Registry.

D.C. Mun. Regs. tit. 25, r. 25-K108

Final Rulemaking published at 64 DCR 13555 (12/29/2017)