Current through Rules and Regulations filed through September 23, 2024
(1)
Establishing Inspection Interval. Inspections shall be conducted
as often as the DEPARTMENT deems necessary to insure compliance with these
Regulations and at a minimum inspection frequency as established by
DEPARTMENTAL policies and directives.
(2)
Performance- and Risk-Based.
Within the parameters specified in
40-7-1-.41(1), the
DEPARTMENT shall prioritize and conduct more frequent inspections based upon
its assessment of a FOOD ESTABLISHMENT'S history of compliance with these
Regulations and the establishment's potential as a vector of food borne illness
by evaluating:
(a) Past performance, for
nonconformance with these Regulations or HACCP PLAN requirements that are
PRIORITY ITEMS or PRIORITY FOUNDATION ITEMS;
(b) Past performance, for numerous or repeat
violations of these Regulations or HACCP PLAN requirements that are CORE
ITEMS;
(c) Past performance, for
complaints investigated and found to be valid;
(d) The HAZARDS associated with the
particular FOODS that are prepared, stored, or served;
(e) The type of operation including the
methods and extent of FOOD storage, preparation, and service;
(f) The number of people served;
and
(g) Whether the population
served is a HIGHLY SUSCEPTIBLE POPULATION.
(3)
Access Allowed at Reasonable Times
after Due Notice. After the DEPARTMENT presents official credentials and
provides notice of the purpose of and an intent to conduct an inspection, the
PERSON IN CHARGE shall allow the DEPARTMENT to determine if the FOOD
ESTABLISHMENT is in compliance with these Regulations by allowing access to the
establishment, allowing inspection, and providing information and records
specified in these Regulations and to which the DEPARTMENT is entitled
according to LAW, during the FOOD ESTABLISHMENT'S hours of operation and other
reasonable times.
(4)
Refusal, Notification of Right to Access, and Final Request for
Access. If a PERSON denies access to the DEPARTMENT, the DEPARTMENT
shall:
(a) Inform the PERSON that:
1. The LICENSE HOLDER is required to allow
access to the DEPARTMENT as specified under LAW and
40-7-1-.41(3) of
these Regulations,
2. Access is a
condition of the acceptance and retention of a FOOD ESTABLISHMENT LICENSE to
operate as specified under
40-7-1-.40(10)(f),
and
3. If access is denied, an
order issued by the appropriate authority allowing access, hereinafter referred
to as an inspection order, may be obtained according to LAW; and
(b) Make a final request for
access.
(5)
Refusal, Reporting. If after the DEPARTMENT presents credentials
and provides notice as specified under
40-7-1-.41(3),
explains the authority upon which access is requested, and makes a final
request for access as specified in
40-7-1-.41(4), the
PERSON IN CHARGE continues to REFUSE access, the DEPARTMENT shall provide
details of the denial of access on an inspection report form.
(6)
Inspection Order to Gain
Access. If denied access to a FOOD ESTABLISHMENT for an authorized
purpose and after complying with
40-7-1-.41(4), the
DEPARTMENT may issue, or apply for the issuance of, an inspection order to gain
access as provided in LAW.
(7)
Documenting Information and Observations. The DEPARTMENT shall
document on an inspection report form:
(a)
Administrative information about the FOOD ESTABLISHMENT'S legal identity,
street address, type of establishment and operation as specified under
40-7-1-.40(5)(c),
inspection date; and
(b) Specific
factual observations of violative conditions or other deviations from these
Regulations that require correction by the LICENSE HOLDER including:
1. Failure of the PERSON IN CHARGE to
demonstrate the knowledge of food borne illness prevention, application of
HACCP principles, and the requirements of these Regulations as specified under
40-7-1-.03(2),
2. Failure of FOOD EMPLOYEES,
CONDITIONAL EMPLOYEES, and the PERSON IN CHARGE to report a disease or medical
condition as specified under
40-7-1-.04(1)(b) and
(d),
3. Nonconformance with PRIORITY ITEMS or
PRIORITY FOUNDATION ITEMS of these Regulations,
4. Failure of the appropriate FOOD EMPLOYEES
to demonstrate their knowledge of, and ability to perform in accordance with,
the procedural, monitoring, verification, and corrective action practices
required by the DEPARTMENT as specified under
40-7-1-.38(5),
5. Failure of the PERSON IN CHARGE
to provide records required by the DEPARTMENT for determining conformance with
a HACCP PLAN as specified under Subparagraph
40-7-1-.39(4)(d)6,
and
6. Nonconformance with CRITICAL
LIMITS of a HACCP PLAN.
(8)
Specifying Time Frame for
Corrections. The DEPARTMENT shall specify on the inspection report form
the time frame for correction of the violations as specified under
40-7-1-.41(12),
40-7-1-.41(14), and
40-7-1-.41(16).
(9)
Issuing Report and Obtaining
Acknowledgment of Receipt.
(a) At the
conclusion of the inspection and according to LAW, the DEPARTMENT shall provide
a copy of the completed inspection report - either in hardcopy or via
electronic delivery - and the notice to correct violations to the LICENSE
HOLDER or to the PERSON IN CHARGE, and request a signed acknowledgment of
receipt.
(b) LICENSED FOOD
ESTABLISHMENTS shall post the most recent routine inspection report issued to
their firm within seven (7) calendar days from the date of the inspection.
Routine inspections carry the notation "Regular" under the Purpose of
Inspection. The inspection shall be:
1.
Prominently displayed in public view at all times, within fifteen (15) feet of
the front or primary public door and between five (5) feet and seven (7) feet
from the floor and in an area where it can be read at a distance of one (1)
foot away; and
2. If the firm is
operating at a location other than the LICENSED FOOD ESTABLISHMENT - for
example, sales conducted at a farmers market or flea market - or for firms
without a primary public door, such as mall kiosks under regulatory authority
of the DEPARTMENT, the inspection report shall be posted at the point of sale
and capable of being read at a distance of one (1) foot away.
3. It shall be considered a violation of
these Regulations when:
(i) Posting an
inspection report whose Purpose of Inspection is anything other than "Regular";
or
(ii) Having a "Regular"
inspection report posted that is not the report generated following the
completion of the most recent routine inspection, per the requirements of
paragraph (b) above.
(10)
Refusal to Sign
Acknowledgment. The DEPARTMENT shall:
(a) Inform a PERSON who declines to sign an
acknowledgment of receipt of inspectional findings as specified in
40-7-1-.41(9) that:
1. An acknowledgment of receipt is not an
agreement with findings,
2. Refusal
to sign an acknowledgment of receipt will not affect the LICENSE HOLDER'S
obligation to correct the violations noted in the inspection report within the
time frames specified, and
3. A
refusal to sign an acknowledgment of receipt is noted in the inspection report
and conveyed to the DEPARTMENT'S historical record for the FOOD ESTABLISHMENT;
and
(b) Make a final
request that the PERSON IN CHARGE sign an acknowledgment receipt of
inspectional findings.
(11)
Public Information. Except
as specified in
40-7-1-.39(5), the
DEPARTMENT shall treat the inspection report as a public document and shall
make it available for disclosure to a PERSON who requests it as provided in
LAW.
(12)
Ceasing Operations
and Reporting.
(a) Except as specified
in (b) of this section, a LICENSE OLDER shall immediately discontinue
operations and notify the DEPARTMENT if an IMMINENT HEALTH HAZARD may exist
because of an emergency such as a fire, flood, extended interruption of
electrical or water service, SEWAGE backup, misuse of POISONOUS OR TOXIC
MATERIALS, onset of an apparent food borne illness outbreak, gross insanitary
occurrence or condition, or other circumstance that may endanger public
health.P
(b)
A LICENSE HOLDER need not
discontinue operations in an area of an establishment that is unaffected by the
IMMINENT HEALTH HAZARD.
(c)
Considering the nature of the
potential hazard involved and the complexity of the corrective action needed,
the DEPARTMENT may agree to continuing operations in the event of an extended
interruption of electrical or water service if:
1.
A written emergency operating plan
has been APPROVED;
2.
Immediate corrective action is taken to eliminate, prevent, or control
any FOOD safety risk and IMMINENT HEALTH HAZARD associated with the electrical
or water service interruption; and
3.
The DEPARTMENT is informed upon
implementation of the written emergency operating plan.
(13)
Resumption
of Operations. If operations are discontinued as specified under
40-7-1-.41(12) or
otherwise according to LAW, the LICENSE HOLDER shall obtain approval from the
DEPARTMENT before resuming operations.
(14)
Timely Correction.
(a) Except as specified in (b) of this
section, a LICENSE HOLDER shall at the time of inspection correct a violation
of a PRIORITY ITEM or PRIORITY FOUNDATION ITEM of these Regulations and
implement corrective actions for a HACCP PLAN provision that is not in
compliance with its CRITICAL LIMIT.Pf
(b)
Considering the nature of the
potential HAZARD involved and the complexity of the corrective action needed,
the DEPARTMENT may agree to or specify a longer time frame, not to
exceed:
1.
Seventy-two (72) hours after the inspection, for the
LICENSE HOLDER to correct violations of a PRIORITY ITEM; or
2.
Ten (10) calendar days after the
inspection, for the LICENSE HOLDER to correct violations of a PRIORITY
FOUNDATION ITEM or HACCP PLAN deviations.
(15)
Verification and
Documentation of Correction.
(a) After
observing, at the time of inspection, a correction of a violation of a PRIORITY
ITEM or PRIORITY FOUNDATION ITEM or a HACCP PLAN deviation, the DEPARTMENT
shall enter the violation and information about the corrective action on the
inspection report.
(b) As specified
under 40-7-1-.41(14)(b),
after receiving notification that the LICENSE HOLDER has corrected a violation
of a PRIORITY ITEM or PRIORITY FOUNDATION ITEM or HACCP PLAN deviation, or at
the end of the specified period of time, the DEPARTMENT shall verify correction
of the violation, document the information on an inspection report, and enter
the report in the DEPARTMENT'S records.
(16)
Time Frame for Correction.
(a) Except as specified in (b) of this
section, the LICENSE HOLDER shall correct CORE ITEMS by a date and time agreed
to or specified by the DEPARTMENT but no later than ninety (90) calendar days
after the inspection.
(b)
The DEPARTMENT may approve a compliance schedule that extends beyond
the time limits specified under (a) of this section if a written schedule of
compliance is submitted by the LICENSE HOLDER and no health HAZARD exists or
will result from allowing an extended schedule for
compliance.
O.C.G.A.
§§
26-2-1, et
seq.
