(A) The completed inspection report form shall specify a reasonable period of time for the correction of the violations found; correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
1. If an imminent health hazard exists, including, but not limited to, a severe pest infestation (rodent or insect), a complete lack of refrigeration, sewage backup into the establishment, or a lack of water or hot water, the permit will be suspended, and the establishment shall immediately cease food service or retail food store operations. Operations shall not be resumed until the health officer or authorized representative has ensured the imminent health hazards responsible for ceasing operations no longer exist and any applicable fees, fines or penalties are paid.
2. Violations will be categorized as core, priority, or priority foundation.
a. Core item means a provision in the 2017 FDA Code that is not designated as a priority item or priority foundation item. A core item includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design or general maintenance.
b. Priority item means a provision in the 2017 FDA Food Code whose application contributes directly to the elimination, prevention, or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard. Priority items include items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, handwashing, etc.
c. Priority Foundation item means a provision in the 2017 FDA Food Code whose application supports, facilitates, or enables one or more priority items. This includes an item that requires the purposeful incorporation of specific action, equipment, or procedure by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping and labeling.
3. All outstanding violations, when designated by the health officer, must be corrected prior to the annual renewal of a permit as required in section 7-2-5.4 of this chapter.
4. In the case of temporary food service establishments or temporary retail food stores, all violations shall be corrected immediately. If violations are not corrected, the establishment shall immediately cease food service operations until authorized to resume by the health authority.
(B) Failure of the permit holder or person in charge to comply with any time limits for corrections may result in cessation of food service or retail food operations. An opportunity for hearing on the inspection findings or the time limitations or both will be provided if a written request is filed with the health officer within ten (10) days following cessation of operations. If a request for hearing is received, a hearing shall be afforded.
(C) Whenever a food service establishment or retail food store is required under the provisions of this ordinance to cease operations, it shall not resume operations until it is shown on the reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time, subject to availability of the health officer or authorized representative.
(Ord. 11-12, 4-4-2011; amd. Ord. 22-01, 3-7-2022)