Rule 40-7-18-.14 - License to Operate(1) Prerequisite for Operation. A person may not operate a food processing plant without a valid license to operate issued by the Department.(2) Form of Submission. A person desiring to operate a food processing plant shall submit to the Department a written application for a license on a form provided by the Department.(3) License Fees. (a) The license fee structure is as follows: 4. Tier 4 fee is $250; and(b) Food processing plants will be assigned a license tier based on the following factors: 1. The hazards and inherent risk hazard of the products and processes of the food processing plant, including: (i) Pathogens of concern for a given product/commodity,(ii) Severity of the illness or mortality associated with processing deviations,(iii) Previous history of foodborne illness outbreaks associated with a given product/commodity, and2. The procedural effort required by the Department to conduct an inspection, including review of records and supporting documentation; and3. The volume and distribution of the products manufactured by the food processing plant.(c) A list of current Firm Type categories and their associated license tier levels shall be posted and maintained on the Department's public facing website.(4) Qualifications and Responsibilities of Applicants. To qualify for licensing, an applicant shall: (a) Be an owner of the establishment or an officer of the legal ownership;(b) Comply with the requirements of these regulations;(c) Agree to, that after the Department Representative 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 Representative to determine if the food processing plant 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 processing plant's hours of operation and other reasonable times.(d) Agree to comply with directives of the Department including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the Department in regard to the license holder's food processing plant. Further, a license holder shall at the time of inspection, correct a critical violation of these regulations and/or implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.(e) Agree to be subject to the administrative, civil, injunctive, and criminal remedies authorized under law for failure to comply with these regulations or a directive of the Department, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.(5) License Not Transferable. A license may not be transferred from one person to another person, from one processing plant to another, or from one type of operation to another.(6) Refusal to Sign Acknowledgment. The regulatory authority shall: (a) Inform a person who declines to sign an acknowledgment of receipt of inspectional findings that: 1. An acknowledgment of receipt is not necessarily 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, and3. A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the Department historical record for the food processing plant; and(b) Make a final request that the person in charge sign an acknowledgment of receipt of inspectional findings.(7) Ceasing Operations and Reporting - Imminent Health Hazard. (a) Except as specified in paragraph (b) of this section, a license holder 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 foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health;(b) A license holder need not discontinue operations in an area of a food processing plant that is unaffected by the imminent health hazard.(8) Resumption of Operations. (a) If operations are discontinued as specified under 40-7-18-.14(7) or otherwise according to law, the permit holder shall obtain approval from the Department before resuming operations(b) Embargoed Food. The removal or disposal of embargoed or detained food is prohibited without official release from the Department.Ga. Comp. R. & Regs. R. 40-7-18-.14
O.C.G.A. § 26-2-1, et seq.
Original Rule entitled "License to Operate" adopted. F. Aug. 14, 2012; eff. Sept. 3, 2012.Amended: F. Oct. 1, 2018; eff. Oct. 21, 2018.Amended: F. Aug. 27, 2019; eff. Sept. 16, 2019.