Current through Rules and Regulations filed through September 23, 2024
(1)
When
Plans Are Required. A LICENSE applicant or LICENSE HOLDER shall submit
to the DEPARTMENT properly prepared plans and specifications for review and
approval before:
(a) The construction of a
FOOD ESTABLISHMENT;Pf
(b) The conversion of an existing structure
for use as a FOOD ESTABLISHMENT;Pf or
(c) The remodeling of a FOOD ESTABLISHMENT or
a change of type of FOOD ESTABLISHMENT or FOOD operation as specified under
40-7-1-.40(5)(c) if
the DEPARTMENT determines that plans and specifications are necessary to ensure
compliance with these Regulations.Pf
(2)
Contents of the Plans
and Specifications. The plans and specifications for a FOOD
ESTABLISHMENT, including a FOOD ESTABLISHMENT specified under
40-7-1-.39(3), shall
include - as required by the DEPARTMENT based on the type of operation, type of
FOOD preparation, and FOODS prepared - the following information to demonstrate
conformance with Regulation provisions:
(a)
Description of FOOD products to be sold, held for sale, or processed for
intended consumption by the end CONSUMER;
(b) Planned FOOD service operations,
including the following information:
1. If
the proposed FOOD service operations are to be conducted by the LICENSE
applicant, or if the FOOD service operations will separately owned and
operated;
2. The approximate square
footage of food preparation areas and CONSUMER seating areas utilized for the
FOOD service operations;
(c) Proposed layout, mechanical schematics,
construction materials, and finish schedules;
(d) Proposed EQUIPMENT types, manufacturers,
model numbers, locations, dimensions, performance capacities, and installation
specifications;
(e) Evidence that
standard procedures that ensure compliance with the requirements of these
Regulations are developed or are being developed; and
(f) Other information that may be required by
the DEPARTMENT for the proper review of the proposed construction, conversion
or modification, and procedures for operating a FOOD ESTABLISHMENT.
(3)
When a HACCP Plan is
Required.
(a) Before engaging in an
activity that requires a HACCP PLAN, a LICENSE applicant or LICENSE HOLDER
shall submit to the DEPARTMENT for approval a properly prepared HACCP PLAN as
specified under
40-7-1-.39(4) and
the relevant provisions of these Regulations if:
1. Submission of a HACCP PLAN is required
according to LAW;
2. A VARIANCE is
required as specified under Subparagraph
40-7-1-.11(1)(d)4,
40-7-1-.12(10), or
40-7-1-.17(23)(b);
3. The DEPARTMENT determines that a FOOD
preparation or processing method requires a VARIANCE based on a plan submittal
specified under
40-7-1-.39(2), an
inspectional finding, or a VARIANCE request.
(b) Before engaging in REDUCED OXYGEN
PACKAGING without a VARIANCE as specified under
40-7-1-.12(11), a
LICENSE applicant or LICENSE HOLDER shall submit a properly prepared HACCP PLAN
to the DEPARTMENT.
(4)
Contents of a HACCP Plan. For a FOOD ESTABLISHMENT that is
required under
40-7-1-.39(3) to
have a HACCP PLAN, the LICENSE applicant or LICENSE HOLDER shall submit to the
DEPARTMENT a properly prepared HACCP PLAN that includes:
(a) General information such as the name of
the LICENSE applicant or LICENSE HOLDER, the FOOD ESTABLISHMENT address, and
contact information;
(b) A
categorization of the types of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS that
are to be controlled under the HACCP
Plan;Pf
(c) A flow diagram or chart for each specific
FOOD or category type that identifies:
1. Each
step in the process;Pf
2. The HAZARDS and controls for each step in
the flow diagram or chart;Pf
3. The steps that are CRITICAL CONTROL
POINTS;Pf
4. The ingredients, materials, and equipment
used in the preparation of that FOOD;Pf
and
5. Formulations or recipes that
delineate methods and procedural control measures that address the FOOD safety
concerns involved.Pf
(d) A CRITICAL CONTROL POINTS summary for
each specific FOOD or category type that clearly identifies:
1. Each CRITICAL CONTROL
POINT,Pf
2. The CRITICAL LIMITS for each CRITICAL
CONTROL POINT,Pf
3. The method and frequency for monitoring
and controlling each CRITICAL CONTROL POINT by the designated FOOD EMPLOYEE or
the PERSON IN CHARGE,Pf
4. The method and frequency for the PERSON IN
CHARGE to routinely verify that the FOOD EMPLOYEE is following standard
operating procedures and monitoring CRITICAL CONTROL
POINTS,Pf
5. Action to be taken by the designated FOOD
EMPLOYEE or PERSON IN CHARGE if the CRITICAL LIMITS for each CRITICAL CONTROL
POINT are not met,Pf and
6. Records to be maintained by the PERSON IN
CHARGE to demonstrate that the HACCP PLAN is properly operated and
managed;Pf and
(e) Supporting documents such as:
1. FOOD EMPLOYEE and supervisory training
plan that addresses the FOOD safety issues of
concern;Pf
2. Copies of blank records forms that are
necessary to implement the HACCP PLAN;Pf
3. Additional scientific data or other
information, as required by the DEPARTMENT, supporting the determination that
FOOD safety is not compromised by the
proposal.Pf
(f) Any other information required by the
DEPARTMENT.
(5)
Trade Secrets. The DEPARTMENT shall treat as confidential, in
accordance with LAW, information that meets the criteria specified in LAW for a
trade secret and is contained on inspection report forms and in the plans and
specifications submitted as specified under
40-7-1-.39(2) and
40-7-1-.39(4).
(6)
Preoperational Inspections.
The DEPARTMENT may conduct one or more preoperational inspections to verify
that the FOOD ESTABLISHMENT is constructed and equipped in accordance with the
APPROVED plans and APPROVED modifications of those plans, has established
standard operating procedures as specified under
40-7-1-.39(2)(e),
and is in compliance with LAW and these Regulations.
O.C.G.A.
§§
26-2-1, et
seq.
