Ga. Comp. R. & Regs. 40-7-1-.41

Current through Rules and Regulations filed through November 21, 2024

Rule 40-7-1-.41 - Compliance & Enforcement: Inspection and Correction of Violations

(1)Establishing Inspection Interval. Inspections shall be conducted as often as the DEPARTMENT deems necessary to insure compliance with these Regulations and at a minimum inspection frequency as established by DEPARTMENTAL policies and directives.

(2)Performance- and Risk-Based. Within the parameters specified in 40-7-1-.41(1), the DEPARTMENT shall prioritize and conduct more frequent inspections based upon its assessment of a FOOD ESTABLISHMENT'S history of compliance with these Regulations and the establishment's potential as a vector of food borne illness by evaluating:

(a) Past performance, for nonconformance with these Regulations or HACCP PLAN requirements that are PRIORITY ITEMS or PRIORITY FOUNDATION ITEMS;

(b) Past performance, for numerous or repeat violations of these Regulations or HACCP PLAN requirements that are CORE ITEMS;

(c) Past performance, for complaints investigated and found to be valid;

(d) The HAZARDS associated with the particular FOODS that are prepared, stored, or served;

(e) The type of operation including the methods and extent of FOOD storage, preparation, and service;

(f) The number of people served; and

(g) Whether the population served is a HIGHLY SUSCEPTIBLE POPULATION.

(3)Access Allowed at Reasonable Times after Due Notice. After the DEPARTMENT presents official credentials and provides notice of the purpose of and an intent to conduct an inspection, the PERSON IN CHARGE shall allow the DEPARTMENT to determine if the FOOD ESTABLISHMENT is in compliance with these Regulations by allowing access to the establishment, allowing inspection, and providing information and records specified in these Regulations and to which the DEPARTMENT is entitled according to LAW, during the FOOD ESTABLISHMENT'S hours of operation and other reasonable times.

(4)Refusal, Notification of Right to Access, and Final Request for Access. If a PERSON denies access to the DEPARTMENT, the DEPARTMENT shall:

(a) Inform the PERSON that:

1. The LICENSE HOLDER is required to allow access to the DEPARTMENT as specified under LAW and 40-7-1-.41(3) of these Regulations,

2. Access is a condition of the acceptance and retention of a FOOD ESTABLISHMENT LICENSE to operate as specified under 40-7-1-.40(10)(f), and

3. If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection order, may be obtained according to LAW; and

(b) Make a final request for access.

(5)Refusal, Reporting. If after the DEPARTMENT presents credentials and provides notice as specified under 40-7-1-.41(3), explains the authority upon which access is requested, and makes a final request for access as specified in 40-7-1-.41(4), the PERSON IN CHARGE continues to REFUSE access, the DEPARTMENT shall provide details of the denial of access on an inspection report form.

(6)Inspection Order to Gain Access. If denied access to a FOOD ESTABLISHMENT for an authorized purpose and after complying with 40-7-1-.41(4), the DEPARTMENT may issue, or apply for the issuance of, an inspection order to gain access as provided in LAW.

(7)Documenting Information and Observations. The DEPARTMENT shall document on an inspection report form:

(a) Administrative information about the FOOD ESTABLISHMENT'S legal identity, street address, type of establishment and operation as specified under 40-7-1-.40(5)(c), inspection date; and

(b) Specific factual observations of violative conditions or other deviations from these Regulations that require correction by the LICENSE HOLDER including:

1. Failure of the PERSON IN CHARGE to demonstrate the knowledge of food borne illness prevention, application of HACCP principles, and the requirements of these Regulations as specified under 40-7-1-.03(2),

2. Failure of FOOD EMPLOYEES, CONDITIONAL EMPLOYEES, and the PERSON IN CHARGE to report a disease or medical condition as specified under 40-7-1-.04(1)(b) and (d),

3. Nonconformance with PRIORITY ITEMS or PRIORITY FOUNDATION ITEMS of these Regulations,

4. Failure of the appropriate FOOD EMPLOYEES to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the DEPARTMENT as specified under 40-7-1-.38(5),

5. Failure of the PERSON IN CHARGE to provide records required by the DEPARTMENT for determining conformance with a HACCP PLAN as specified under Subparagraph 40-7-1-.39(4)(d)6, and

6. Nonconformance with CRITICAL LIMITS of a HACCP PLAN.

(8)Specifying Time Frame for Corrections. The DEPARTMENT shall specify on the inspection report form the time frame for correction of the violations as specified under 40-7-1-.41(12), 40-7-1-.41(14), and 40-7-1-.41(16).

(9)Issuing Report and Obtaining Acknowledgment of Receipt.

(a) At the conclusion of the inspection and according to LAW, the DEPARTMENT shall provide a copy of the completed inspection report - either in hardcopy or via electronic delivery - and the notice to correct violations to the LICENSE HOLDER or to the PERSON IN CHARGE, and request a signed acknowledgment of receipt.

(b) LICENSED FOOD ESTABLISHMENTS shall post the most recent routine inspection report issued to their firm within seven (7) calendar days from the date of the inspection. Routine inspections carry the notation "Regular" under the Purpose of Inspection. The inspection shall be:

1. Prominently displayed in public view at all times, within fifteen (15) feet of the front or primary public door and between five (5) feet and seven (7) feet from the floor and in an area where it can be read at a distance of one (1) foot away; and

2. If the firm is operating at a location other than the LICENSED FOOD ESTABLISHMENT - for example, sales conducted at a farmers market or flea market - or for firms without a primary public door, such as mall kiosks under regulatory authority of the DEPARTMENT, the inspection report shall be posted at the point of sale and capable of being read at a distance of one (1) foot away.

3. It shall be considered a violation of these Regulations when:

(i) Posting an inspection report whose Purpose of Inspection is anything other than "Regular"; or

(ii) Having a "Regular" inspection report posted that is not the report generated following the completion of the most recent routine inspection, per the requirements of paragraph (b) above.

(10)Refusal to Sign Acknowledgment. The DEPARTMENT shall:

(a) Inform a PERSON who declines to sign an acknowledgment of receipt of inspectional findings as specified in 40-7-1-.41(9) that:

1. An acknowledgment of receipt is not an agreement with findings,

2. Refusal to sign an acknowledgment of receipt will not affect the LICENSE HOLDER'S obligation to correct the violations noted in the inspection report within the time frames specified, and

3. A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the DEPARTMENT'S historical record for the FOOD ESTABLISHMENT; and

(b) Make a final request that the PERSON IN CHARGE sign an acknowledgment receipt of inspectional findings.

(11)Public Information. Except as specified in 40-7-1-.39(5), the DEPARTMENT shall treat the inspection report as a public document and shall make it available for disclosure to a PERSON who requests it as provided in LAW.

(12)Ceasing Operations and Reporting.

(a) Except as specified in (b) of this section, a LICENSE OLDER shall immediately discontinue operations and notify the DEPARTMENT if an IMMINENT HEALTH HAZARD may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, SEWAGE backup, misuse of POISONOUS OR TOXIC MATERIALS, onset of an apparent food borne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.^P

(b)A LICENSE HOLDER need not discontinue operations in an area of an establishment that is unaffected by the IMMINENT HEALTH HAZARD.

(c)Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the DEPARTMENT may agree to continuing operations in the event of an extended interruption of electrical or water service if:

1.A written emergency operating plan has been APPROVED;

2.Immediate corrective action is taken to eliminate, prevent, or control any FOOD safety risk and IMMINENT HEALTH HAZARD associated with the electrical or water service interruption; and

3.The DEPARTMENT is informed upon implementation of the written emergency operating plan.

(13)Resumption of Operations. If operations are discontinued as specified under 40-7-1-.41(12) or otherwise according to LAW, the LICENSE HOLDER shall obtain approval from the DEPARTMENT before resuming operations.

(14)Timely Correction.

(a) Except as specified in (b) of this section, a LICENSE HOLDER shall at the time of inspection correct a violation of a PRIORITY ITEM or PRIORITY FOUNDATION ITEM of these Regulations and implement corrective actions for a HACCP PLAN provision that is not in compliance with its CRITICAL LIMIT.^Pf

(b)Considering the nature of the potential HAZARD involved and the complexity of the corrective action needed, the DEPARTMENT may agree to or specify a longer time frame, not to exceed:

1.Seventy-two (72) hours after the inspection, for the LICENSE HOLDER to correct violations of a PRIORITY ITEM; or

2.Ten (10) calendar days after the inspection, for the LICENSE HOLDER to correct violations of a PRIORITY FOUNDATION ITEM or HACCP PLAN deviations.

(15)Verification and Documentation of Correction.

(a) After observing, at the time of inspection, a correction of a violation of a PRIORITY ITEM or PRIORITY FOUNDATION ITEM or a HACCP PLAN deviation, the DEPARTMENT shall enter the violation and information about the corrective action on the inspection report.

(b) As specified under 40-7-1-.41(14)(b), after receiving notification that the LICENSE HOLDER has corrected a violation of a PRIORITY ITEM or PRIORITY FOUNDATION ITEM or HACCP PLAN deviation, or at the end of the specified period of time, the DEPARTMENT shall verify correction of the violation, document the information on an inspection report, and enter the report in the DEPARTMENT'S records.

(16)Time Frame for Correction.

(a) Except as specified in (b) of this section, the LICENSE HOLDER shall correct CORE ITEMS by a date and time agreed to or specified by the DEPARTMENT but no later than ninety (90) calendar days after the inspection.

(b)The DEPARTMENT may approve a compliance schedule that extends beyond the time limits specified under (a) of this section if a written schedule of compliance is submitted by the LICENSE HOLDER and no health HAZARD exists or will result from allowing an extended schedule for compliance.

Ga. Comp. R. & Regs. R. 40-7-1-.41

O.C.G.A. §§ 26-2-1, et seq.

Original Rule entitled "Wet Cleaning" adopted. F. Apr. 30, 1996; eff. May 20, 1996.

Amended: Rule retitled "Cleaning". F. Oct. 29, 2003; eff. Nov. 28, 2003, as specified by the Agency.

Repealed: New Rule entitled "Compliance & Enforcement: Inspection and Correction of Violations" adopted. F. Sep. 11, 2015; eff. Oct. 1, 2015.

Amended: F. Sep. 27, 2019; eff. Oct. 17, 2019.