Section 1-4 - Public Health Protection (a) The regulatory authority shall apply this Rule to promote its underlying purpose of safeguarding the public health and assuring that food is safe, unadulterated, and honestly presented when offered to the consumer.
(b) In enforcing the provisions of this Rule, the regulatory authority shall assess existing facilities or equipment that were in use before the effective date of this Rule based on the following considerations: - (i) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;
- (ii) Whether food-contact surfaces comply with Chapter 6, Section 13;
- (iii) Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with Chapter 3, Section 30; and
- (iv) The existence of a documented agreement with the license holder that the facilities or equipment will be replaced as specified under Chapter 2, Section 12(a) (vii), or upgraded or replaced as specified under Chapter 2, Section 12(a) (vii)(A).