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The Health Authority, after proper identification, shall be permitted to enter, at any reasonable time, any food-service establishment within the city, or its police jurisdiction, for the purpose of making inspections to determine compliance with this chapter. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, and persons employed.
('71 Code, § 10-27) (Ord. passed 4-15-69
; Am. Ord. passed 9-4-01
) Penalty, see § 10.99
Whenever the Health Authority makes an inspection of a food-service establishment, he shall record his findings on an inspection report form provided for this purpose, and shall furnish the original of such inspection report form to the permit holder or person in charge at the conclusion of the inspection. Such form shall summarize the requirements of the New Hampshire Rules for the Sanitary Production and Distribution of Food and shall set forth a weighted point value for each requirement. Inspection remarks shall be written to reference, by section number, and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations subtracted from 100. 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.
('71 Code, § 10-28) (Ord. passed 6-5-79
; Am. Ord. passed 9-4-01
)
(A) The completed inspection report form shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(1) If an imminent health hazard exists, such as lack of hot water, loss of power, fire, flood, complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations and notify the Health Authority. Operations shall not be resumed until authorized by the Health Authority.
(2) All violations of four- or five-point weighted items shall be corrected as soon as possible, but in any event, within ten days following inspection. A follow-up inspection shall be conducted to confirm correction.
(3) All one- or two-point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection.
(4) When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to assure correction.
(5) In the case of temporary food service establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the establishment shall immediately cease food service operations until authorized to resume by the Health Authority.
(B) The inspection report shall state that failure to comply with any time limits for corrections may result in suspension of the permit to operate. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the regulatory authority within ten days following cessation of operation. If a request for a hearing is received, a hearing shall be held within 20 days of receipt of that request.
(C) Whenever a food-service establishment is required under the provisions of this section to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
('71 Code, § 10-29) (Ord. passed 6-5-79; Am. Ord. passed 9-4-01) Penalty, see § 10.99
All notices provided for under § 117.30 shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the Health Authority.
('71 Code, § 10-30) (Ord. passed 4-15-69; Am. Ord. passed 9-4-01)
When the Health Authority has reasonable cause to suspect possible disease transmission by an employee of a food-service establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The Health Authority may require any or all of the following measures:
(A) The immediate exclusion of the employee from employment in all food-service establishments.
(B) The immediate closing of the food-service establishment concerned until, in the opinion of the Health Authority, no further danger of disease outbreak exists.
(C) Restriction of the employee's service to some area of the establishment where there would be no danger of transmitting disease.
(D) Adequate medical and laboratory examination of the employee and of other employees and of his and their body discharges. ('71 Code, § 10-31) (Ord. passed 6-5-79)