Current through Register Vol. 42, No. 5, February 29, 2024
(1)
Inspection frequency. Food processing establishments shall be
inspected:
(a) At least two times each year
with a maximum lapse of 210 days between inspections for Priority Category 1
food processing establishments.
(b)
At least four times each year with a maximum lapse of 120 days between
inspections for Priority Category 2 food processing establishments.
(c) Establishments with less than a
satisfactory compliance level on the most recent inspection as evidenced by
observations of ten or more enumerated violations shall be inspected again
within 10 days.
(d) Legal notices
shall be issued when priority items including: food source and condition;
potentially hazardous food temperatures; facilities to maintain product
temperature; failure to follow a HACCP plan when such plan is required by these
rules; infected persons; good hygienic practices; sanitization; water supply;
sewage; cross connections, back-siphonage and back-flow; toilet and handwashing
facilities; vermin control; and toxic items are violated. Necessary
reinspections shall be made in accordance with Rule 420-3-20-.05(4).
(e) Additional inspections of food processing
establishments shall be performed as often as necessary for the enforcement of
these rules.
(2)
Access. The Health Officer, after proper identification, shall be
permitted to enter any food processing establishment at any reasonable time for
the purpose of making inspections to determine compliance with these rules. The
Health Officer shall be permitted to examine the records of the establishment
to obtain information pertaining to food and supplies purchased, received, or
used, or to persons employed, copy records if necessary as part of an
inspection or investigation, and to make photographs for documentation
purposes.
(3)
Report of
inspections. Whenever an inspection of a food-processing establishment
is made, the findings shall be recorded on the inspection report form
prescribed by the Board. Inspection remarks shall be written to reference, by
rule number, the rule violated and shall state the corrections to be made. The
original of the inspection report form shall be conspicuously displayed for
public view within the establishment. A copy of the inspection report shall be
filed with the records of the County Health Department. The completed
inspection report form is a public document that shall be made available for
public disclosure.
(4)
Correction of violations.
(a)
The complete inspection report form shall specify a reasonable period of time
for the correction of the violations found; and correction of the violations
shall be accomplished within the period specified, in accordance with the
following provisions:
1. If an imminent
health hazard exists, such as extended interruption of electrical or water
service, complete lack of refrigeration, complete lack of hot water under
pressure when required for sanitary operation, sewage backup, misuse of
poisonous or toxic materials, onset of an apparent foodborne illness outbreak,
gross insanitary occurrence or condition, or other circumstance that may
endanger public health, the establishment shall immediately cease operations.
Operations shall not be resumed until authorized by the Health Officer. A
permit holder need not discontinue operations in an area of an establishment
if, in the opinion of the Health Officer, the area is unaffected by the
imminent health hazard.
2.
Violations of priority items shall be corrected as soon as possible, but in any
event, within 10 days following the inspection.
3. All other items shall be corrected as soon
as possible, but in any event, by the time of the next routine
inspection.
(b) The
inspection report shall state that failure to comply with any time limits to
take corrective actions may result in a proposed suspension or revocation of
the permit.
(c) A deviation from a
required HACCP plan that has been corrected, with the corrective action
documented by the time of the inspection, is not considered a violation. This
allowance does not preclude the Health Officer from taking necessary action
under
420-3-20-.06
if potentially contaminated food has entered commerce.
(5)
Surveys and training. The
Department shall make Food Processing Establishment Sanitation Surveys and
Program Evaluations as deemed necessary by the Board. The survey shall be made
in accordance with these rules, and the results shall be incorporated in the
Annual Alabama Public Health Report. The Department shall provide education and
training in food processing establishment sanitation; in standardized
inspection techniques; in enforcement procedures; and issue rule
interpretations as needed.
Rule .15 was renumbered to .05 as per certification filed
November 19, 2010; effective December 24, 2010.
Authors: Ronald Dawsey, Mitzi Waldo
Statutory Authority:
Code of Ala.
1975, §§
22-2-2(6),
22-20-5.
