Okla. Admin. Code § 35:37-11-150

Current through Vol. 42, No. 8, January 2, 2025

Section 35:37-11-150 - Action taken when plant is identified as insanitary

(a) When upon inspection of a plant an inspector finds indication of any of the following conditions, the Director shall be notified by telephone call of the fact:

(1) Nonpotable water being used in departments producing edible product. Nonpotable means unsafe by laboratory determinations.

(2) Product being prepared is subjected to an environment that allows or will allow bacterial growth and development or result in the entry of foreign matter in the product and therefore is insanitary. This includes failure to control vermin and insects.

(3) When carcasses or parts show evidence of contamination or insanitary condition or systemic disease condition or evidence of bearing diseases transmissible to man, or in any manner adulterated.

(4) Meats exhibiting the characteristics of spoilage being used in processing meat food products.

(5) The presence of excessive amounts of approved chemicals, or the presence of foreign material, prohibited chemicals, and preservatives.

(b) Further, the inspector shall inform the plant operator of the fact. If the Director is not satisfied that the condition will be immediately corrected, the Director may order the facility immediately stop sale and may withdraw inspection. The Stop-Sale Order shall remain effective until lifted by the Director, the Board, or appropriate court order. The Order shall include the setting of a show cause hearing before the Director at a time and date certain when the plant operator may appear, with counsel if desired, to show cause why inspection should be restored. Appeal of the Director's order following the show cause hearing is to the State Board of Agriculture en banc.

Okla. Admin. Code § 35:37-11-150

Added at 21 Ok Reg 1181, eff 5-27-04