Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Correction of violations - The completed inspection report form
shall specify a reasonable period of time for the correction of the
deficiencies found. Correction of the deficiencies shall be accomplished within
the period specified, in accordance with the following provisions:
(a) All critical deficiencies shall be
corrected immediately, during the course of the inspection, or the shellfish
processing facility permit shall be immediately suspended in accordance with
420-3-18-.04(6)
and all shellfish processing operations shall cease until the permit is
reinstated. Whenever a critical deficiency is corrected during the course of
the inspection, legal notice to maintain compliance without repeat critical
deficiencies shall be issued to the permittee or key employee.
(b) All key deficiencies shall be corrected
as soon as possible, but in any event within at most 30 days from the date of
the inspection and in accordance with the following provisions:
1. A compliance schedule, including dates for
corrections to be completed, shall be noted on the inspection report
form.
2. Legal notice to correct
key deficiency(ies) shall be issued to the permittee or key employee whenever
key deficiency(ies) are not corrected according to the compliance schedule.
Refusal of the permittee or key employee to sign the inspection report form,
compliance schedule, or any legal notice shall not negate the compliance
schedule.
(c) All other
deficiencies shall be corrected as soon as possible, but in any event by the
time of the next routine inspection and in accordance with the following
provisions:
1. A compliance schedule,
including dates for corrections to be completed, shall be noted on the
inspection report form.
2. Legal
notice to correct other deficiencies shall be issued to the permittee or key
employee whenever other deficiency(ies) are not corrected according to the
compliance schedule. Refusal of the permittee or key employee to sign the
inspection report form, compliance schedule, or any legal notice shall not
negate the compliance schedule.
(2)
Reinspection to determine
compliance -
Reinspection shall be conducted as necessary to determine
compliance with schedules or notices.
(a) If, on reinspection, the deficiencies
noted on the inspection report have been corrected according to the compliance
schedule, the facility is returned to routine inspection status.
(b) A "Notice of Intent to Suspend/Revoke
Permit" shall be issued when repeat deficiency(ies) are found on
reinspection.
(c) If a "Notice of
Intent to Suspend/Revoke Permit" was issued on reinspection, a second
reinspection shall be conducted within 15 days. The permit shall be suspended
if any repeat critical, key, or other deficiencies are found. The facility will
be returned to routine inspection status if:
1. No new critical or repeat critical
deficiencies are found.
2. No
repeat key deficiencies are found.
3. No repeat other deficiencies are
found.
(3)
Penalty provided by law - Any person who knowingly violates or
fails or refuses to obey or comply with any rule or regulation adopted and
promulgated by the State Board of Health shall be guilty of a misdemeanor and,
upon conviction, shall be fined not less than $25 nor more than $500 and, if
the violation or failure or refusal to obey or comply with such rule or
regulation is a continuing one, each day's violation, or failure or refusal
shall constitute a separate offense and shall be punished
accordingly.
Authors: Lewis A. Byrd, Ph.D., Christine
Collins, Jeff McCool, Greg Dunn, Byron Webb
Statutory Authority:
Code of Ala.
1975, §§
9-12-126,
22-2-2(6),
22-20-5.
