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a. The commissioner shall develop a code of conduct pertaining to sanitary inspections. The inspection code of conduct shall inform owners and operators of food service establishments of their rights as they relate to sanitary inspections.
b. The inspection code of conduct shall be in the form of a written document, drafted in plain language. The department shall distribute the inspection code of conduct to all food service establishment inspectors and food service establishments. Food service establishment inspectors shall also distribute the inspection code of conduct to food service establishment owners or operators prior to the beginning of each inspection. The department shall make the inspection code of conduct available on the department's website in the designated citywide languages, as defined in section 23-1101.
c. The code of conduct shall include, but not be limited to, the following requirements:
(1) the food service establishment inspector shall behave in a professional and courteous manner;
(2) upon arriving at the food service establishment to perform a sanitary inspection, the food service establishment inspector shall immediately identify himself or herself to the staff of the food service establishment, and note the type of inspection, in a manner that does not unreasonably interfere with the dining experience of patrons;
(3) the food service establishment inspector shall be as unobtrusive as possible during the inspection while conducting the inspection;
(4) the food service establishment inspector shall return any equipment he or she moved back to its original location, and reassemble any equipment he or she disassembled, during the course of the inspection;
(5) the food service establishment inspector shall have a sound knowledge of all relevant health code provisions and any other applicable laws and regulations.
(6) the food service establishment inspector shall meaningfully communicate with the food service establishment owner or operator, and if necessary, utilize language assistance services to facilitate meaningful communication;
(7) the food service establishment inspector shall answer reasonable questions relating to the inspection;
(8) the food service establishment inspector shall enforce agency rules in a fair and impartial manner;
(9) the food service establishment inspector shall, upon finding a violation, explain to the food service establishment owner or operator how to remedy such violation.
(10) the food service establishment inspector must provide information informing the food service establishment owner or operator how such owner or operator may contest a notice of violation before the relevant local tribunal, including information about the availability of language interpretation services at the relevant tribunal; and
(11) the food service establishment inspector shall provide information on how the food service establishment owner or operator may file a comment, compliment, or complaint about an inspector, including information about filing such comment, compliment, or complaint in a language other than English.
d. The commissioner shall regularly, but no less frequently than every two years, review and update the inspection code of conduct, as necessary.
e. Nothing in this section or in the inspection code of conduct shall be construed to create a cause of action or constitute a defense in any legal, administrative, or other proceeding.
(Am. L.L. 2023/014, 1/21/2023, eff. 7/20/2023)
a. There shall be an advisory board to advise the commissioner concerning matters related to the food service establishment sanitary inspection program and its effect on the restaurant industry, food safety and public health.
b. Such advisory board shall consist of twenty members as follows:
i. Ten members shall be appointed by the mayor, provided that two such members shall represent food service industry associations, two such members shall have advanced specialized training in food safety, two such members shall have advanced specialized training in nutrition, and four such members shall operate food service establishments;
ii. Nine members shall be appointed by the speaker of the council, provided that two such members shall represent food service industry associations, two such members shall have advanced specialized training in food safety, two such members shall have advanced specialized training in nutrition, and three such members shall operate a food service establishment;
iii. The commissioner of the department of health and mental hygiene shall serve ex officio.
c. At the invitation of the department, other individuals may participate in the discussions of the board.
d. Each member, other than the member serving in an ex officio capacity, shall serve for a term of two years, to commence upon the first meeting of the advisory board. Any vacancies in the membership of the advisory board shall be filled in the same manner as the original appointment. A person filling such vacancy shall serve for the unexpired portion of the term of the succeeded member.
e. No member of the advisory board shall be removed except for cause and upon notice and hearing by the appropriate appointing official.
f. Members of the advisory board shall serve without compensation and shall meet no less often than every three months.
g. The agendas for the first four meetings of the advisory board shall include, but not be limited to:
1. a review of current health code violations for which points are assigned, including those violations that do not bear directly on food safety and public health;
2. a review of the current food safety inspector training curriculum;
3. a review of the effect of letter grading on public health and food safety, including information on the top ten most commonly cited violations in the previous year and any change in the incidences of illness from food borne pathogens; and
4. a review of the relationship between the food service industry and the department.
h. On January 1, 2015, and every year thereafter on January first, the advisory board shall submit a report to the mayor, the commissioner, and the speaker of the council. Such report shall include, but not be limited to:
1. an assessment of the restaurant inspection program and its effect on the restaurant industry, public health and food safety, including information on the top ten most commonly cited violations in the previous year and any change in the incidences of illness from food borne pathogens; and
2. specific recommendations for changes and/or improvements to the restaurant inspection program and actions, if any, taken by the department in response to such recommendations.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/091.
a. The department shall implement a consultative inspection program for food service establishments.
b. Such consultative inspections shall be optional, and performed for educational and informational purposes only. A consultative inspection shall not result in a notice of violation being issued for general violations, critical violations, imminent health hazards or public health hazards. A consultative inspection shall not impact a food service establishment's inspection cycle.
c. Upon completion of a consultative inspection, the inspector shall review the results with the owner or operator of the food service establishment, and advise the owner or operator of potential violations and how to remedy such violations.
d. Nothing in this section shall prohibit the department from taking appropriate action if a food service establishment fails to remedy a public health hazard at the time of the consultative inspection.
e. The department may charge a fee which shall be set by rule promulgated by the commissioner.
f. The department may schedule the consultative inspection based on factors, set by rule promulgated by the commissioner, including but not limited to demand, prioritization according to inspection history, and the inspection cycle of the food service establishment.
g. Within the consultative inspection program for food service establishments, the department shall develop a system for newly licensed food service establishments whereby such establishments may schedule the consultative inspection prior to their first initial inspections for a nominal fee which shall be set by rule promulgated by the commissioner.
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