Current through Register Vol. 46, No. 39, September 25, 2024
(a) An imminent health hazard is any
violation, combination of violations, condition or combination of conditions
making it probable that the food or drink served to the public by the
establishment or its continued operation can injure the health of the consumer
or the public. Imminent health hazards include but are not limited to the
conditions listed in subdivisions (b) and (c) of this section.
(b) Any of the following five violations are
imminent health hazards against the public interest which require the
permit-issuing official or his designated representative to order the
establishment closed and all service of food stopped immediately, if not
corrected at the time of the inspection while the permit-issuing official or
representative of the permit-issuing official is on the premises:
(1) food is present in the establishment from
an unapproved or unknown source or which is or may be adulterated, contaminated
or otherwise unfit for human consumption;
(2) potentially hazardous food is held for a
period longer than that necessary for preparation or service at a temperature
greater than 45 degrees Fahrenheit (7.2 degrees Celsius) or less than 140
degrees Fahrenheit (60 degrees Celsius);
(3) potentialiy hazardous food exposed to
consumer or other contamination is served again;
(4) toxic items are improperly labeled,
stored or used; or
(5) persons with
disease or infection which can be transmitted by food or drink are not
restricted to prevent food contamination within the food service
establishment.
(c) Any
of the foliowing three conditions are violations constituting imminent health
hazards which require the permit-issuing official or his designated
representative to order the establishment closed and all service of food
stopped immediately:
(1) if the potable water
supply within a food service establishment is not in full conformance with the
requirements of Part 5 of this Title, and if it reasonably appears to the
permit-issuing official or his designated representative that it can result in
an imminent health hazard, and if the operator does not use single-service
items and bottled water from an approved source for all potable water uses, the
establishment is to be ordered closed and all food service to be stopped
immediately;
(2) any
cross-connection or other fault in the potable water system which may permit
contamination of the potable water supply is cause for an order for immediate
closure and cessation of food service if it reasonably appears to the
permit-issuing official or his designated representative that it can result in
an imminent health hazard. In any case, all such cross-connections are to be
corrected within a period of time set by the permit-issuing official, and in no
case more than 30 days from the date of the inspection. If uncorrected within
that time, the permit shall be suspended and the establishment ordered closed
and food service stopped until all violations are corrected; or
(3) if sewage or liquid waste is not disposed
of in an approved and sanitary manner, the permit-issuing official or his
designated representative is to order closure and immediate cessation of all
food service operations if such sewage or liquid waste contaminates any food,
food storage area, food preparation area or area frequented by consumers or
employees.
