(a) The Department of Health shall have authority to inspect food establishments at such intervals as set forth in rules of the Department of Health to determine such food establishments’ compliance with the requirements of this code and the rules of the Department of Health. For purposes of such inspections, the Department of Health shall create categories of food establishments based on the level of potential risk that such food establishments may pose to the public health.
(b) Whenever the health authority inspects an establishment, the inspector shall record the findings of the inspection on a summary report form provided by the Department of Health for this purpose. Such reports shall be signed by both the inspector and the establishment’s representative, and one copy of the summary report shall be left with the management of the establishment and shall be posted by the health authority upon an inside wall of the establishment in an area visible to all diners; if the food establishment is a grocery store or delicatessen, the summary report shall be posted in an area visible to all customers. It shall be unlawful for any person except an authorized agent of the Department of Health to deface or remove any such posted summary report, and a violation of this provision may result in suspension of any and all licenses and permits issued to the owner of that particular food establishment.
(c) It shall be the duty of every owner to permit a representative of the Department of Health, after proper identification, to enter at any reasonable time and make inspections of the facilities, equipment and vehicles for determining compliance with the requirements of this Municipal Code and the rules of the Department of Health relating to health and sanitation and, when required to do so, the owner shall furnish samples of any foods prepared, kept, sold or transported by any such food establishment as often as the Commissioner of Health may deem necessary to determine that the foods are free from alteration, not misbranded, do not contain an excessive number of microorganisms or their toxins, and otherwise comply with the provisions of this Municipal Code and the rules of the Department of Health. The owner shall answer all reasonable and proper questions and permit the health authority to examine records of the establishment to obtain pertinent information relating to food and supplies received or used and persons employed. Any samples provided shall be examined or analyzed under the direction of the Department of Health, and a record of each such examination or analysis shall be made and kept in the offices of the department. Upon failure or refusal by an owner to permit inspection or to furnish required samples, the Commissioner shall immediately suspend any and all licenses or permits issued to the owner of that particular food establishment.
(Added Coun. J. 6-10-96, p. 23652, Amend Coun. J. 3-10-99, p. 91043; Amend Coun. J. 1-18-12, p. 18976, § 1; Amend Coun. J. 11-8-12, p. 38872, § 151; Amend Coun. J. 5-18-16, p. 24251, § 1; Amend Coun. J. 12-13-17, p. 63286, § 5)