Current through Register Vol. 30, No. 38, September 20, 2024
A. For a routine
inspection, reinspection or for cause inspection, if the inspector observes
conditions that will not cause produce contamination, but require corrective
action, the inspector may take any of the following actions:
1. Discuss observed conditions with the
designated representative;
2.
Document findings on the inspection form;
3. Agree on a timeline for corrective actions
and preventative measures; or
4.
Determine if any further training, guidance documents or technical assistance
is necessary.
B. During a
routine inspection, reinspection or for cause inspection, if the inspector
observes conditions that may cause produce contamination, the inspector may
take any of the following actions:
1. Discuss
observed conditions with the designated representative;
2. Document findings on the inspection
form;
3. Determine if any covered
produce has left the control of the regulated person;
4. Determine a timeline for corrective
actions and preventative measures;
5. Schedule a reinspection within 3 to 10
days or a time appropriate to the growing season; or
6. Forward the findings to the Associate
Director to determine if any other enforcement action is necessary. The
Associate Director may also communicate findings to FDA, Arizona Department of
Health Services, county departments of health or other agencies as
appropriate.
C. During a
routine inspection, reinspection or for cause inspection, if the inspector
observes conditions that indicate an imminent public health hazard and the
covered produce is still under the control of the regulated person, the
inspector may immediately take any of the following actions:
1. Discuss observed conditions with the
designated representative;
2.
Document findings on the inspection form;
3. Determine a timeline for corrective
actions and preventative measures;
4. Evaluate the covered produce for embargo
and disposal in conjunction with the Associate Director;
5. Schedule a reinspection within 3 to 10
days; or
6. Forward the findings to
the Associate Director to determine if any other enforcement action is
necessary. The Associate Director may also communicate findings to FDA, Arizona
Department of Health Services, county departments of health or other agencies
as appropriate.
D. During
a routine inspection, reinspection or for cause inspection, if the inspector
observes conditions indicating an egregious situation and the covered produce
has left the control of the regulated person, the inspector may immediately
take any of the following actions:
1. Discuss
observed conditions with the designated representative;
2. Document findings on the inspection
form;
3. Determine a timeline for
corrective actions and preventative measures;
4. Initiate a recall, embargo or stop sale in
conjunction with the Associate Director;
5. Schedule a reinspection within 3 to 10
days; or
6. Forward the findings to
the Associate Director to determine if any other enforcement action is
necessary. The Associate Director may also communicate findings to FDA, Arizona
Department of Health Services, county departments of health or other agencies
as appropriate.
E. In
order to address any condition described in subsection (C) and (D), the
regulated person or anyone controlling the covered produce may take immediate
corrective action and stop the harvest or institute a voluntary withdrawal of
the affected covered produce as appropriate.
