Rule 511-6-1-.10 - Inspections and Compliance Procedures(1) Suspension or Revocation of Permits. The Health Authority shall have the power to suspend or revoke a permit if the permit holder is unwilling or unable to comply with these regulations, the regulations of the local Health Authority, the provisions of O.C.G.A. Section 26-2-370 et seq., or if a violation is not corrected within a reasonable time. The notice of suspension or revocation shall be in writing and shall state the reasons in support of the action. The notice shall be delivered to the permit holder by mail or in person or, if the permit holder cannot be located, by tacking a copy to the front door of the food service establishment and mailing a copy to the permit holder's last known address.(a) There shall be a rebuttable presumption that a permit holder is unwilling or unable to comply if he or she refuses to allow the Health Authority to enter upon and inspect the premises of the food service establishment at any reasonable time and in a reasonable manner, or if any particular violation is found to be uncorrected upon the third consecutive inspection.(b) Except as specified in DPH Rule 511-6-1-.03(2)(n), a permit may be summarily suspended upon the discovery of an imminent health hazard. The permit holder may seek immediate review of a summary suspension by written request to the District Health Director. The matter shall be heard by the District Health Director, or a supervisory level employee designated by the District Health Director who was not personally involved in the inspection, acting as a review official. The Health Authority shall make every effort to arrange a hearing within 72 hours of the request. The hearing shall be conducted informally and without application of the rules of evidence. Both the inspector and the permit holder shall be given an opportunity to present any arguments or evidence in support of their positions. The review official may uphold the summary suspension, or may modify or lift the suspension on such conditions as may be appropriate.(c) In lieu of suspension or revocation of a permit, the Health Authority may in its discretion allow a food service establishment to voluntarily close all or part of the premises until such time as violations are corrected, and upon such additional restrictions as the Health Authority may deem appropriate.(d) The permit holder may appeal any suspension or revocation to the Department in accordance with O.C.G.A. Section 31-5-3 by sending written notice within ten days, by certified mail or statutory overnight delivery, addressed to the Department of Public Health, Office of General Counsel, with a copy to the Health Authority official that suspended or revoked the permit. Within ten days of receiving the notice, the Health Authority shall provide the Department with a copy of its entire file on the inspections and actions that led to the suspension or revocation. The Department shall schedule a hearing within 20 days of receiving the notice, and shall decide the matter upon the arguments of the parties and the administrative record.(e) If operations of a food service establishment are discontinued due to the order or action of the Health Authority, the permit holder shall obtain approval from the Health Authority before resuming operations.(f) The Health Authority may, in its discretion, allow the owner to voluntarily close all or part of the food service establishment in lieu of suspending or revoking a permit. Such action will not prohibit the Health Authority from taking such further action as it may deem necessary to protect employees or members of the public.(g) If at any time a mobile food service establishment's permit is no longer in good standing in any jurisdiction, a county may revoke the establishment's authorization to operate in its jurisdiction.(2) Inspections.(a) Risk Categorization. Inspections of a food service establishment shall be conducted based on risk categorization. The risk type shall be determined by the menu items served, the food preparation processes performed, and the previous food safety history in the food service establishment. Each establishment shall be grouped in one of the following categories:1. Risk Type I. Frequency of inspection will be one time per year for establishments that do not cook any foods. This includes establishments that may reheat commercially precooked ingredients or foods such as hotdogs and sausages;2. Risk Type II. Frequency of inspection will be two times per year for establishments that cook and/or hold and reheat foods that are prepared onsite; or3. Risk Type III. Frequency of inspection will be three times per year for establishments that have a required HACCP plan that is deemed in conformance with DPH Rule 511-6-1-.02(8). One of these inspections will be a scheduled inspection to meet with the Certified Food Safety Manager.(b) Inspection Frequency. 1. The Health Authority shall conduct one or more construction inspections for newly constructed or extensively remodeled establishments to verify that the food service establishment is constructed and equipped in accordance with the approved plans and specifications, and is in compliance with law and this Chapter. In addition, the Health Authority may conduct one or more preoperational inspections to verify compliance with the construction and equipment requirements of this Chapter at the time of a change in the permit holder of an existing food service establishment.2. An initial inspection will be conducted in an establishment prior to the food permit being issued.3. To allow the permit holder of the food service establishment sufficient time to fully train employees as specified in of DPH Rule 511-6-1-.03(3)(d)1 and 2, the first routine inspection will be conducted within sixty days after the opening of the establishment; and, it will mark the beginning of the establishment's compliance history with this Chapter.4. After the first routine inspection, establishments maintaining an "A" food safety grade shall be inspected based on the risk categorization specified in subsection (2)(a)1. through 3. of this Rule.5. Establishments that receive a "C" or "U" food safety grade will have at least one additional routine inspection added in a twelve month period, and may have more inspections at the discretion of the Health Authority.6. If an establishment maintains an "A" food safety rating on three consecutive routine inspections, then the Health Authority may, in its discretion, reduce the frequency of routine inspections to one time per year for Risk Type II establishments and to two times per year for Risk Type III establishments.7. The reduced inspection frequency may continue until the food service establishment incurs a grade of a "B","C" or "U". The routine inspection frequency will then resume to the number specified for Risk Type, but may be more frequent as deemed necessary for the enforcement of this Chapter by the Health Authority.(c) Follow-up Inspections. Follow-up inspections may be conducted at anytime at the discretion of the Health Authority, but must be conducted within ten days after an establishment receives a grade "U".(d) Access. 1. Representatives of the Health Authority, after proper identification, shall be permitted to enter any food service establishment or operation at any reasonable time for the purpose of making inspections and review of pertinent records to determine compliance with this Chapter. Should access be denied, an inspection warrant may be obtained as authorized in O.C.G.A. §31-5, Article 2.2. If a person denies access to the Health Authority, the Health Authority shall:(i) Inform the person that:(I) The permit holder is required to allow access to the Health Authority,(II) Access is a condition of the acceptance and retention of a food service establishment permit to operate, and(III) If access is denied, an inspection warrant, issued by the appropriate authority to order access, may be obtained according to law; and(ii) Make a final request for access.(e) Inspection of Mobile Food Service Units. The local Health Authority in the county of origin and the local Health Authority in additional counties in which the mobile food service unit operates shall exchange information regarding their inspection of mobile food service establishments. When inspecting a mobile food service unit in a county other than the county of origin, the local Health Authority shall consult the DPH permit and inspection database to find out the violations received during the last inspection of the base of operation. These violations will be noted as violations during the inspection of each mobile food service unit.(f) Inspection of Mobile Food Service Units outside of the county of origin. 1. The mobile food service establishment may be subject to periodic and unannounced inspections in any outside county where its permit has been recognized. County boards of health shall utilize discretion when inspecting mobile food service establishments that have been authorized to operate in multiple jurisdictions to ensure they are not inspected more frequently than necessary to protect public health and safety. A mobile food service establishment shall allow the county board of health access for inspection when the mobile food service establishment is physically operating in such county.2. Fees for inspections conducted in outside counties shall be paid in full by the next business day. Failure to pay for inspections in outside counties will result in termination of authorization to operate in that county. The inspection fee shall be limited to the administrative costs incurred by the county to complete the inspection.3. If any such inspection results in a violation, any outside county shall notify the county of origin and any other counties where the mobile food service establishment is authorized to operate of the violation. Any county where the mobile food service establishment operates may issue a court citation, terminate authorization for the mobile food service establishment to operate in the county, or require implementation of a remediation plan for the violation.4. A mobile food service establishment shall stay current with its annual inspection fees in its county of origin and shall provide any outside counties where it is authorized to operate proof of currency before operating in that county.(g) Report of Inspection. 1. The Health Authority shall document on the Department's current approved "Food Service Establishment Inspection Report" form and "Food Service Inspection Report Addendum" form(s): (i) Administrative information about the food service establishment's legal owner, street and mailing addresses, type of establishment and operation, inspection date, and other information which may include such information as type of water supply and sewage disposal, status of the permit, and personnel certificates that may be required;(ii) Specific factual observations of violations or other deviations from this Chapter that require correction by the permit holder including:(I) Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this Chapter as specified under DPH Rule 511-6-1-.03(1)(a) through (c), (II) Failure of food employees, conditional employees, and the person in charge to report a disease or medical condition as specified under DPH Rule 511-6-1-.03(4)(b), (III) Nonconformance with Priority items and priority foundation items of this Chapter,(IV) Failure of the appropriate food employees to comply with or demonstrate their knowledge of the procedural, monitoring, verification, and corrective action practices required by the Health Authority for a variance or HACCP Plan,(V) Failure of the person in charge to provide records required by the Health Authority for determining conformance with a HACCP plan as specified under DPH Rule 511-6-1-.02(8), (VI) Nonconformance with critical limits of a HACCP plan; and(iii) The numerical score and equivalent grade, based on debiting the appropriate points for violations and repeat violations of code provisions found or observed during the inspection.2. Upon the completion of the inspection, the evaluating official shall have the person in charge sign the inspection report form. The person in charge's signature shall not necessarily indicate agreement with the findings noted on the inspection.(h) Violation Categories. 1. Violations of this Chapter are categorized according to their potential for creating a health risk to the consumer. All violations shall be recorded on the current inspection report and addendum(s). Violations are divided into two categories, Risk Factors/Public Health Interventions (RF/PHI) Categories and Good Retail Practices (GRP) Categories. In addition and for purposes of prioritization of corrective action, items in these categories are designated as priority items, priority foundation items, or core items as defined in DPH Rule 511-6-1-.01.2. Violation of Risk Factors/Public Health Interventions (RF/PHI) categories are prominent on the inspection report because they are vital to preventing foodborne illness. These items are numbered 1 to 9 on the inspection report and divided into Subcategory "1" and "2" as follows: (i) Subcategory "1" items cover provisions of the code, that when applied would directly prevent, eliminate or reduce hazards to a safe level to protect consumer health. Because the probability of occurrence and severity of a hazard is greater when these provisions are out of compliance, the incidence and impact of foodborne illness is increased and therefore a point value is assigned for a violation of any subcategory "1" item of nine points, and(ii) Subcategory "2" items cover provisions of the code, that when applied, would indirectly prevent, eliminate or reduce hazards to a safe level to protect consumer health. Because the probability of occurrence and severity of a hazard is lower than subcategory "1" when these provisions are out of compliance, the incidence and impact of foodborne illness is not as great and therefore a point value is assigned for a violation of any subcategory "2" item of four points.3. Risk Factors and Public Health Interventions (RF/PHI) Categories include:(ii) Employee health, good hygienic practices, preventing contamination by hands.(iv) Protection from contamination.(v) Cooking of time/temperature control for safety foods, consumer advisory.(vi) Holding and date-marking of time/temperature control for safety foods.(vii) Highly susceptible populations.(ix) Conformance with approved procedures.4. Good Retail Practices (GRP) categories are deemed to be mostly operational and maintenance violations that, if not corrected, increase the potential for causing food borne illness. They are usually designated as core items; however, some may be designated as priority foundation items as defined within DPH Rule 511-6-1-.01. A violation of an item in a GRP category constitutes a one to three point deduction from the overall score (maximum 100 points) as shown on the current food services establishment inspection report form.5. Good Retail Practices Categories (GRP) include(i) Safe food and water, food identification.(ii) Food temperature control.(iii) Pest and animal control.(iv) Prevention of food contamination.(v) Proper use of utensils.(vi) Utensils, equipment and vending.(vii) Water, plumbing and waste.(viii) Physical facilities.(i) Timely Correction of Violations of Priority Item or Priority Foundation Item and HACCP Plans. 1. Except as specified in paragraph 2 of this subsection, a person in charge shall at the time of inspection correct a violation of a priority item or a priority foundation item of this Chapter and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.PF2. Based on the nature of the potential hazard involved and the complexity of the corrective action needed, the Health Authority may agree to or specify a longer time frame, not to exceed: (i) 72 hours after the inspection, for the permit holder to correct violations of a priority item; or(ii) 10 calendar days after the inspection, for the permit holder to correct violations of a priority foundation item or HACCP Plan deviations.3. Failure to correct these violations to the satisfaction of the Health Authority may result in such emergency action as deemed necessary by the Health Authority including legal actions pursuant to O.C.G.A. § 31-5-9(a).(j) Time Frame for Correction of Core Item Violations.1. Except as specified in paragraph 2 of this subsection, the permit holder shall correct core items within 72 hours of the food service establishment's receipt of the inspection report or as otherwise directed by the Health Authority. Failure to make timely corrections to the satisfaction of the Health Authority of core items may subject the food service establishment to suspension or revocation of its permit pursuant to DPH Rule 511-6-1-.10(1).2. The Health Authority may approve a compliance schedule that extends beyond the time limits specified under paragraph 1 of this subsection if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.(k) Verification and Documentation of Correction.1. After observing at the time of inspection a correction of a violation of a priority item or priority foundation item or HACCP plan deviation, the Health Authority shall enter the violation and information about the corrective action on the inspection report.2. As specified under subsection (2)(h)(2) of this Rule, after receiving notification that the permit 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 Health Authority shall verify correction of the violation, document the information on an inspection report or addendum, and enter the report in the Health Authority's records.(l) Grading Inspections. Inspections will receive a letter grade based on the numerical score as follows: 1. "A". The letter grade "A" means food safety excellence and is applied to a score of 90 to 100.2. "B". The letter grade "B" means satisfactory compliance and is applied to a score of 80 to 89.3. "C". The letter grade "C" means marginal compliance and is applied to a score of 70 to 79.4. "U". The letter grade "U" means unsatisfactory compliance and is applied to a score of 69 or less.(m) Repeat Violations. A repeat violation means a violation of the same code provision of this Chapter under an item in a Risk Factors/Public Health Interventions (RF/PHI), or Good Retail practices (GRP) category as documented in the previous routine inspection. A repeat violation constitutes the initial point deduction as specified in subsection (2)(h)2. and 4 of this Rule plus an additional two point deduction for one or more repeat violation(s) within a RF/PHI category and one point deduction in a GRP category from the overall score (maximum 100 points). If a violation of the same provision of this Chapter is found in three consecutive routine inspections, then the points will be deducted accordingly and the food service establishment may be subject to suspension or revocation of its permit pursuant to subsection (1)(b) of this Rule.(n) Follow-up Inspections. 1. A follow-up inspection is a complete inspection conducted as a result of a routine inspection which resulted in a "C" or "U" grade. If a grade of "C" or higher is earned on the follow-up inspection, then at the discretion of the Health Authority no additional follow-up inspections will be required, however, all priority items and all priority foundation items must be corrected as specified under subsection (2)(i)1. through 3 of this Rule.2. The new score and equivalent grade will be posted on an inspection report during a follow-up inspection. The two previous inspection grades and scores, whether routine or follow-up inspections, will be posted subsequently under "Last Grade, Score and Date" and "Prior Grade, Score and Date" on the inspection report.(o) Informal Follow-up Inspection. If a follow-up inspection as specified in subsection (2)(n) of this Rule cannot be conducted by the Health Authority, then an informal follow-up may be performed to confirm correction of the violations that were cited on the routine inspection that were not corrected at the time of the inspection. On an informal follow-up inspection, an inspection report addendum(s) will be completed, documenting the violations that have been corrected. It will be noted on the addendum(s) that this was an informal follow-up inspection, and the establishment will keep the same grade that was earned on the previous routine inspection. The addendum(s) will be made available by the food service establishment to the public upon request.(p) Voluntary Closure. 1. If a food service establishment is graded as a "U" and does not earn at least a grade "C" within ten days of receiving the "U", it may be requested to voluntarily close until all violations are corrected or have its food service permit suspended or revoked according to subsection (1)(b) of this Rule.2. A food service establishment that is graded as a "U" on two consecutive routine inspections will be asked to voluntarily close until all violations are corrected and/or have enforcement action taken to suspend or revoke the food service permit pursuant to subsection (1)(b) of this Rule(3) Examination, Condemnation and Public Notice.(a) Examination of Food. Food may be examined or sampled by the Health Authority when necessary to determine whether it has been adulterated or misbranded.(b) Condemnation of Food, Hold Order, Justifying Conditions and Removal of Food.1. The Health Authority may, upon written notice to the owner or person in charge, place a hold order on any food that the Health Authority has probable cause to believe to be unwholesome; originating from an unapproved source; unsafe, adulterated, or not honestly presented; not labeled according to law, or, if raw molluscan shellfish, not tagged or labeled according to law; or otherwise not in compliance with this Chapter. Under a hold order, food shall be moved to a suitable holding area for storage until a hold order release or destruction order is issued. No food subject to a hold order shall be used, served, or removed from the establishment except as specified in paragraph 2 of this subsection. Immediate destruction shall be ordered and accomplished if there is risk to public health.2. If the Health Authority has reasonable cause to believe that the hold order will be violated, or finds that the order is violated, the Health Authority may remove the food that is subject to the order to a place of safekeeping.3. The hold order notice shall: (i) State that food subject to the order may not be used, sold, moved from the food service establishment, or destroyed without a written release of the order from the Health Authority;(ii) State the specific reasons for placing the food under the hold order with reference to the applicable provisions of this Chapter and the hazard or adverse effect created by the observed condition;(iii) Completely identify the food subject to the hold order by the common name, the label information, a container description, the quantity, Health Authority's tag or identification information, and location;(iv) State that the Health Authority may order the destruction of the food if a timely request for reconsideration is not received; and(v) Provide the name and address of the Health Authority representative to whom a request for reconsideration may be made.4. If a hold order is sustained upon reconsideration, or if no timely request for reconsideration is made by the permit holder, then the Health Authority may order the permit holder or other person who owns or has custody of the food to bring the food into compliance with this Chapter or to destroy or denature the food under the Health Authority's supervision.(4) Procedure When Infection is Suspected. (a) Investigation and Control. The Health Authority shall act when it has reasonable cause to believe that a food employee or conditional employee has possibly transmitted disease; may be infected with a disease in a communicable form that is transmissible through food; may be a carrier of infectious agents that cause a disease that is transmissible through food; or is affected with a boil, an infected wound, or acute respiratory infection, by:1. Securing a confidential medical history of the food employee or conditional employee suspected of transmitting disease or making other investigations as deemed appropriate; and2. Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected food employee or conditional employee.(b) Restriction or Exclusion of Food Employee, or Summary Suspension of Permit. Based on the findings of an investigation related to a food employee or conditional employee who is suspected of being infected or diseased, the Health Authority may issue an order to the suspected food employee, conditional employee or permit holder instituting one or more of the following control measures: 1. Restricting the food employee or conditional employee;2. Excluding the food employee or conditional employee; or3. Closing the food service establishment by summarily suspending a permit to operate.(5) Variance. (a) Modifications and Waivers. The Department may grant a variance by modifying or waiving the requirements of this Chapter 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 subsection 5(b) of this Rule in its records for the food service establishment.(b) Documentation of Proposed Variance and Justification. Before a variance from a requirement of this Chapter is granted by the Department, the information that shall be provided by the person requesting the variance and retained in the Department's file on the food service establishment includes: 1. A statement of the proposed variance of the Chapter requirement citing relevant rule and subsection numbers;Pf2. An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant rules and subsections will be alternatively addressed by the proposal;Pf and3. A HACCP plan if required that includes the information specified under DPH Rule 511-6-1-.02(8) as it is relevant to the variance requested.Pf(c) Conformance with Approved Procedures. If the Department grants a variance as specified in subsection (5)(a) of this Rule, or a HACCP plan is otherwise required as specified under DPH Rule 511-6-1-.02(7), the permit holder shall:1. Comply with the HACCP plans and procedures that are submitted and deemed in conformance with DPH Rule 511-6-1-.02(8)(a) through (e) as a basis for the modification or waiver;P and2. Maintain and provide to the Department, upon request, records specified under DPH Rule 511-6-1-.02(8) that demonstrate that the following are routinely employed; (i) Procedures for monitoring the critical control points,Pf(ii) Monitoring of the critical control points,Pf(iii) Verification of the effectiveness of the operation or process,Pf and(iv) Necessary corrective actions if there is failure at a critical control point.PfGa. Comp. R. & Regs. R. 511-6-1-.10
O.C.G.A. §§ 26-2-373, 379, 31-2A-6.
Original Rule entitled "Inspections and Compliance Procedures" adopted. F. Oct. 9, 2015; eff. Oct. 29, 2015.Amended: F. Jan. 25, 2023; eff. Feb. 24, 2023, as specified by the Agency.Note: Rule 511-6-1-.10, correction of non-substantive typographical errors in paragraph (m), subparagraph (n)1. and paragraph (o) as requested by the Agency, "(2)(g)2 and 4" corrected to "(2)(h)2 and 4", "(2)(h) 1 through 3" corrected to "(2)(i)1. through 3", "(2)(m)" corrected to "(2)(n)", respectively. The errors appeared on the Rules and Regulations website February 4, 2023 through April 23, 2023; website updated April 24, 2023 and the original filed and effective dates (i.e., F. Jan. 25, 2023; eff. Feb. 24, 2023, as specified by the Agency.) were retained. Effective April 20, 2023.