Section R392-106-15 - Inspections, Corrective Actions, and Prevention of Foodborne Disease(1) A local health officer shall: (a) inspect a facility that requests a microenterprise home kitchen permit only for: (i) an initial inspection, no more than one week before the microenterprise home kitchen is scheduled to begin operation;(ii) an unscheduled inspection, if the local health department conducts the inspection: (A) within three days before or after the day on which the microenterprise home kitchen is scheduled to begin operation; or(B) during operating hours of the microenterprise home kitchen; or(iii) a subsequent inspection if: (A) the local health department provides the operator with reasonable advanced notice of the inspection; or(B) the local health department has a valid reason to suspect that the microenterprise home kitchen is the source of an adulterated food or of an outbreak of illness caused by a contaminated food;(b) ensure compliance with this rule when inspecting a microenterprise home kitchen facility; and(c) document the reason for an inspection on an inspection report form approved by the Department after the permitting inspection, keep a copy of that documentation on file with the microenterprise home kitchen's permit, and provide a copy of that documentation to the operator.(2) When a local health officer presents proper identification and provides notice of the intent to conduct an inspection, the operator shall allow the local health officer to determine if the microenterprise home kitchen is in compliance with this rule by allowing access to the establishment, allowing inspection, and providing information and records specified in this rule.(3) If an operator denies access to the local health officer, the local health officer shall:(a) inform the operator that: (i) the operator is required to allow access to the local health officer as specified under Subsection R392-106-15(2);(ii) access is a condition of the acceptance and retention of a permit to operate as specified under Section R392-106-5;(iii) the permit may be revoked in accordance with Subsection R392-106-5(9); and(iv) if access is denied, an order issued by an appropriate authority allowing access may be obtained;(b) make a final request for access; and(c) if the operator continues to refuse access, provide details of the denial of access on an inspection report form.(4) The local health officer shall document at least the following on an inspection report form: (a) specific factual observations of noncompliant conditions or other deviations from this rule that require correction by the operator including:(i) failure of the operator to demonstrate the knowledge of foodborne illness prevention; and(ii) failure of employees and the operator to report a disease or medical condition as required in Subsection R392-106-14(3); and(b) time frame for correction of violations.(5) At the conclusion of the inspection the local health officer shall provide a copy of the completed inspection report and the notice to correct violations to the operator or the operator's designee, and request a signed acknowledgement of receipt.(6)(a) The local health officer shall inform a person who declines to sign an acknowledgement of receipt of inspectional findings that: (i) an acknowledgment of receipt is not an agreement with findings;(ii) refusal to sign an acknowledgement of receipt will not affect the operator's obligation to correct the violations noted in the inspection report within the time frames listed; and(iii) a refusal to sign an acknowledgement of receipt is noted in the inspection report and conveyed to the historical record for the microenterprise home kitchen; and(b) the local health officer shall then make a final request that the operator or operator's designee sign an acknowledgement of receipt of inspectional findings.(7) The local health officer shall treat the inspection report as a public document and shall make it available for disclosure.(8) Repeat violations may prompt further compliance and enforcement actions, including a subsequent inspection.(9)(a) An operator shall immediately discontinue operations and notify the local health department if an imminent health hazard exists.(b) If operations are discontinued as required by the local health officer or in response to an imminent health hazard, the operator shall obtain approval from the local health officer before resuming operations.(10) A local health officer may conduct subsequent inspections, as needed and in accordance with Subsection R392-106-15(1)(a)(iii), to ensure the timely resolution of inspection findings after providing the operator with reasonable advanced notice about the inspection.Utah Admin. Code R392-106-15
Adopted by Utah State Bulletin Number 2021-23, effective 11/16/2021