Rule 40-7-1-.38 - Compliance & Enforcement: Regulations Applicability(1)Public Health Protection.(a) The DEPARTMENT shall apply these Regulations to promote its underlying purpose, as specified in 40-7-1-.01(2), of safeguarding public health and ensuring that FOOD is safe, unADULTERATED, and honestly presented when offered to the CONSUMER.(b) In enforcing the provisions of these Regulations, the DEPARTMENT shall assess existing facilities or EQUIPMENT that were in use before the effective date of these Regulations based on the following considerations: 1. Whether the facilities or EQUIPMENT are in good repair and capable of being maintained in a sanitary condition;2. Whether FOOD-CONTACT SURFACES comply with 40-7-1-.16(1) - (9);3. Whether the capacities of cooling, heating, and holding EQUIPMENT are sufficient to comply with 40-7-1-.18(1); and4. The existence of a documented agreement with the LICENSE HOLDER that the facilities or EQUIPMENT will be replaced as specified under 40-7-1-.40(10)(g). (2)Preventing Health Hazards, Provision for Conditions Not Addressed.(a) If necessary to protect against public health HAZARDS or nuisances, the DEPARTMENT may impose specific requirements in addition to the requirements contained in these Regulations that are authorized by LAW.(b) The DEPARTMENT shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the LICENSE applicant or LICENSE HOLDER and a copy shall be maintained in the DEPARTMENT'S file for the FOOD ESTABLISHMENT.(3)Modifications and Waivers. The DEPARTMENT may grant a VARIANCE by modifying or waiving the requirements of these Regulations if in the opinion of the DEPARTMENT a health HAZARD or nuisance will not result from the VARIANCE. If a VARIANCE is granted, the DEPARTMENT shall retain the information specified under 40-7-1-.38(4) in its records for the FOOD ESTABLISHMENT.(4)Documentation of Proposed Variance and Justification. Before a VARIANCE from a requirement of these Regulations is APPROVED, the information that shall be provided by the PERSON requesting the VARIANCE and retained in the DEPARTMENT'S file on the FOOD ESTABLISHMENT includes:(a) A statement of the proposed VARIANCE of these Regulations requirement citing relevant Regulation section numbers;Pf(b) An analysis of the rationale for how the potential public health HAZARDS and nuisances addressed by the relevant Regulation sections will be alternatively addressed by the proposal;Pf and(c) A HACCP PLAN, if required as specified under 40-7-1-.39(3)(a), that includes the information specified under 40-7-1-.39(4) as it is relevant to the VARIANCE requested.Pf(5)Conformance with Approved Procedures. If the DEPARTMENT grants a VARIANCE as specified in 40-7-1-.38(3), or a HACCP PLAN is otherwise required as specified under 40-7-1-.39(3), the LICENSE HOLDER shall:(a) Comply with the HACCP PLANS and procedures that are submitted as specified under 40-7-1-.39(4) and APPROVED as a basis for the modification or waiver;P and(b) Maintain and provide to the DEPARTMENT, upon request, records specified under 40-7-1-.39(4)(d) and (e)3 that demonstrate that the following are routinely employed; 1. Procedures for monitoring the CRITICAL CONTROL POINTS,Pf2. Monitoring of the CRITICAL CONTROL POINTS,Pf3. Verification of the effectiveness of the operation or process,Pf and4. Necessary corrective actions if there is failure at a CRITICAL CONTROL POINT.PfGa. Comp. R. & Regs. R. 40-7-1-.38
O.C.G.A. §§ 26-2-1, et seq.
Original Rule entitled "Utensils and Temperature Devices" adopted. F. Apr. 30, 1996; eff. May 20, 1996.Amended: F. Oct. 29, 2003; eff. Nov. 28, 2003, as specified by the Agency.Repealed: New Rule entitled "Compliance & Enforcement: Regulations Applicability" adopted. F. Sep. 11, 2015; eff. Oct. 1, 2015.Amended: F. Sep. 27, 2019; eff. Oct. 17, 2019.