Rule 40-7-1-.39 - Compliance and Enforcement: Plan Submission and Approval(1)When Plans Are Required. A LICENSE applicant or LICENSE HOLDER shall submit to the DEPARTMENT properly prepared plans and specifications for review and approval before: (a) The construction of a FOOD ESTABLISHMENT;Pf(b) The conversion of an existing structure for use as a FOOD ESTABLISHMENT;Pf or(c) The remodeling of a FOOD ESTABLISHMENT or a change of type of FOOD ESTABLISHMENT or FOOD operation as specified under 40-7-1-.40(5)(c) if the DEPARTMENT determines that plans and specifications are necessary to ensure compliance with these Regulations.Pf(2)Contents of the Plans and Specifications. The plans and specifications for a FOOD ESTABLISHMENT, including a FOOD ESTABLISHMENT specified under 40-7-1-.39(3), shall include - as required by the DEPARTMENT based on the type of operation, type of FOOD preparation, and FOODS prepared - the following information to demonstrate conformance with Regulation provisions: (a) Description of FOOD products to be sold, held for sale, or processed for intended consumption by the end CONSUMER;(b) Planned FOOD service operations, including the following information: 1. If the proposed FOOD service operations are to be conducted by the LICENSE applicant, or if the FOOD service operations will separately owned and operated;2. The approximate square footage of food preparation areas and CONSUMER seating areas utilized for the FOOD service operations;(c) Proposed layout, mechanical schematics, construction materials, and finish schedules;(d) Proposed EQUIPMENT types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;(e) Evidence that standard procedures that ensure compliance with the requirements of these Regulations are developed or are being developed; and(f) Other information that may be required by the DEPARTMENT for the proper review of the proposed construction, conversion or modification, and procedures for operating a FOOD ESTABLISHMENT.(3)When a HACCP Plan is Required.(a) Before engaging in an activity that requires a HACCP PLAN, a LICENSE applicant or LICENSE HOLDER shall submit to the DEPARTMENT for approval a properly prepared HACCP PLAN as specified under 40-7-1-.39(4) and the relevant provisions of these Regulations if: 1. Submission of a HACCP PLAN is required according to LAW;2. A VARIANCE is required as specified under Subparagraph 40-7-1-.11(1)(d)4, 40-7-1-.12(10), or 40-7-1-.17(23)(b);3. The DEPARTMENT determines that a FOOD preparation or processing method requires a VARIANCE based on a plan submittal specified under 40-7-1-.39(2), an inspectional finding, or a VARIANCE request.(b) Before engaging in REDUCED OXYGEN PACKAGING without a VARIANCE as specified under 40-7-1-.12(11), a LICENSE applicant or LICENSE HOLDER shall submit a properly prepared HACCP PLAN to the DEPARTMENT.(4)Contents of a HACCP Plan. For a FOOD ESTABLISHMENT that is required under 40-7-1-.39(3) to have a HACCP PLAN, the LICENSE applicant or LICENSE HOLDER shall submit to the DEPARTMENT a properly prepared HACCP PLAN that includes: (a) General information such as the name of the LICENSE applicant or LICENSE HOLDER, the FOOD ESTABLISHMENT address, and contact information;(b) A categorization of the types of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS that are to be controlled under the HACCP Plan;Pf(c) A flow diagram or chart for each specific FOOD or category type that identifies:1. Each step in the process;Pf2. The HAZARDS and controls for each step in the flow diagram or chart;Pf3. The steps that are CRITICAL CONTROL POINTS;Pf4. The ingredients, materials, and equipment used in the preparation of that FOOD;Pf and5. Formulations or recipes that delineate methods and procedural control measures that address the FOOD safety concerns involved.Pf(d) A CRITICAL CONTROL POINTS summary for each specific FOOD or category type that clearly identifies: 1. Each CRITICAL CONTROL POINT,Pf2. The CRITICAL LIMITS for each CRITICAL CONTROL POINT,Pf3. The method and frequency for monitoring and controlling each CRITICAL CONTROL POINT by the designated FOOD EMPLOYEE or the PERSON IN CHARGE,Pf4. The method and frequency for the PERSON IN CHARGE to routinely verify that the FOOD EMPLOYEE is following standard operating procedures and monitoring CRITICAL CONTROL POINTS,Pf5. Action to be taken by the designated FOOD EMPLOYEE or PERSON IN CHARGE if the CRITICAL LIMITS for each CRITICAL CONTROL POINT are not met,Pf and6. Records to be maintained by the PERSON IN CHARGE to demonstrate that the HACCP PLAN is properly operated and managed;Pf and(e) Supporting documents such as: 1. FOOD EMPLOYEE and supervisory training plan that addresses the FOOD safety issues of concern;Pf2. Copies of blank records forms that are necessary to implement the HACCP PLAN;Pf3. Additional scientific data or other information, as required by the DEPARTMENT, supporting the determination that FOOD safety is not compromised by the proposal.Pf(f) Any other information required by the DEPARTMENT.(5)Trade Secrets. The DEPARTMENT shall treat as confidential, in accordance with LAW, information that meets the criteria specified in LAW for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under 40-7-1-.39(2) and 40-7-1-.39(4).(6)Preoperational Inspections. The DEPARTMENT may conduct one or more preoperational inspections to verify that the FOOD ESTABLISHMENT is constructed and equipped in accordance with the APPROVED plans and APPROVED modifications of those plans, has established standard operating procedures as specified under 40-7-1-.39(2)(e), and is in compliance with LAW and these Regulations.Ga. Comp. R. & Regs. R. 40-7-1-.39
O.C.G.A. §§ 26-2-1, et seq.
Original Rule entitled "Cleaning of Equipment and Utensils" adopted. F. Apr. 30, 1996; eff. May 20, 1996.Repealed: New Rule entitled "Compliance & Enforcement: Plan Submission and Approval" adopted. F. Sep. 11, 2015; eff. Oct. 1, 2015.Amended: F. Sep. 27, 2019; eff. Oct. 17, 2019.