A. Examination Of Food Samples: Samples of food and other substances may be determined or sampled by the regulatory authority as often as may be necessary to determine freedom from adulteration and misbranding and determine bacteriological contact. The regulatory authority may request the condemnation of or request the removal, destruction or denaturing of any food which is unwholesome, adulterated or misbranded. The regulatory authority may, upon written notice to the owner or person in charge, place a tag or hold order on any food which they determine, or have probable cause to believe to be, unwholesome. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the regulatory authority, and neither such food or the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the regulatory authority, except on order by a court of competent jurisdiction. The regulatory authority may vacate the hold order or may, by written order, direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with provisions of this article; provided, that such order shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.
B. Inspection Frequency: An inspection of a food establishment shall be performed at least once every six (6) months. Additional inspections shall be performed as often as are deemed necessary for the enforcement of this article.
C. Entry Powers: Representatives of the regulatory authority, after proper identification, shall be permitted to enter any food establishment, at any reasonable time, for the purpose of making inspections to determine compliance with this article. The representatives shall be permitted to examine the records of the food establishment and operator to obtain information pertaining to food and supplies purchased, received or used, and persons employed.
D. Report Of Inspections: Whenever an inspection of a food establishment is made, the findings shall be recorded on an inspection report form. The inspection report form shall summarize the requirements of this article. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. A copy of the completed inspection report form shall be furnished to the person in charge of the food establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
E. Correction Of Violations:
1. The completed inspection report form shall specify a reasonable period of time for the correction of the violation found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
a. If an imminent health hazard exists, 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, severe pest infestation, inadequate refrigeration, or condition or other circumstance that may endanger public health, the food establishment shall immediately cease operations. Operations shall not be resumed until authorized by the regulatory authority.
b. In the case of temporary food establishments, all violations shall be corrected or the food establishment shall immediately cease operations until authorized to resume by the regulatory authority.
2. The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of 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 regulatory authority within ten (10) days following cessation of operations. If a request for hearing is received, a hearing shall be held within twenty (20) days of receipt of the request.
3. Whenever a food establishment is required to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
(Ord. 3601, 3-26-2019)