Current through Bulletin 2024-06, March 15, 2024
(1) Each mobile food business shall meet the
requirements of this rule. Food trucks and food carts are exempt from the
requirements of Rule R392-100, Food Service Sanitation, unless otherwise stated
in this rule.
(2) Upon presenting
proper identification and providing notice of the intent to conduct an
inspection, the mobile food business operator shall allow the local health
officer to determine if the mobile food business is in compliance with this
rule by allowing access to the mobile food business, allowing inspection, and
providing information and records specified in this rule during the mobile food
business's hours of operation and other reasonable times.
(3) If a mobile food business operator denies
access to the local health officer, the local health officer shall:
(a) inform the mobile food business operator
that:
(i) the operator shall allow access to
the local health officer as specified under Subsection (2);
(ii) access is a condition of the acceptance
and retention of a permit to operate as specified under Section
R392-102-4; and
(iii) if access is denied, an order issued by
an appropriate authority allowing access may be obtained;
(b) make a final request for access;
and
(c) if access continues to be
refused, the local health officer shall provide details of the denial of access
on an inspection report form.
(4) The local health officer shall document
on an inspection report form:
(a)
administrative information about the mobile food business's legal identity,
street and mailing addresses, permit tier designation as specified under
Section R392-102-4, inspection date, and
other information including the type of water supply, sewage disposal, status
of the permit, and personnel certificates of food safety management and
training; and
(b) specific factual
observations of noncompliant conditions or other deviations from this rule that
require correction by the mobile food business operator including:
(i) failure of the operator to demonstrate
the knowledge of foodborne illness prevention; and
(ii) failure of employees and the operator to
report a disease or medical condition; and
(c) time frame for correction of
violations.
(5) At the
conclusion of the inspection the local health officer shall:
(a) provide a copy of the completed
inspection report and the notice to correct violations to the mobile food
business operator or to the person in charge;
(b) request a signed acknowledgment of
receipt; and
(c) inform a person
who declines to sign an acknowledgment of receipt of inspectional findings
that:
(i) an acknowledgment of receipt is not
an agreement with findings;
(ii)
refusal to sign an acknowledgment of receipt will not affect the mobile food
business operator's obligation to correct the violations noted in the
inspection report within the time frames listed; and
(iii) a refusal to sign an acknowledgment of
receipt is noted in the inspection report and conveyed to the historical record
for the mobile food business; and
(d) make a final request that the person in
charge sign an acknowledgment of receipt of inspectional findings.
(6) The local health officer shall
treat the inspection report as a public document and shall make it available
for disclosure.
(7)
(a) A mobile food business operator shall
immediately discontinue operations and notify the local health 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 foodborne illness outbreak,
gross insanitary occurrence or condition, or other circumstances that may
endanger public health.
(b) If
operations are discontinued as required by the local health officer or in
response to an imminent health hazard as specified in Subsection (7)(a), the
mobile food business operator shall obtain approval from the local health
officer before resuming operations.
(8) For each mobile food business that fails
a health inspection, a local health department may charge and collect a fee
from the associated mobile food business for that health inspection.
(9) A local health department issuing the
permit, or reinstating a suspended permit, may conduct one or more
pre-operational inspections to verify that the mobile food business is
constructed and equipped in accordance with the approved plans and approved
modifications of those plans, and is in compliance with this rule.
(10)
(a) A
local health officer may periodically conduct operational onsite inspections of
a mobile food business to determine continued compliance with this
rule.
(b) For each year that a
permit is issued to a mobile food business operator, the local health
department that issued the permit shall conduct a minimum of one inspection of
a mobile food business with a permit, regardless of tier designation as
described in Subsection
R392-102-4(5)(b).
(c) The local health department shall
periodically inspect throughout its permit period a mobile food business
operating only with a temporary food establishment permit that prepares, sells,
or serves unpackaged TCS food and that has improvised rather than permanent
facilities or equipment for accomplishing functions such as handwashing, food
preparation and protection, food temperature control, warewashing, potable
water supply, waste retention and disposal, and insect and rodent
control.
(11) A local
health officer may conduct follow-up inspections, as needed, to ensure the
timely resolution of inspection findings.
(12) The local health officer shall make the
mobile food business operator aware of inspectional findings both during, and
at the conclusion of, the inspection as well as strategies for achieving
compliance. Repeat violations may prompt further compliance and enforcement
actions.
