007-04-93 Ark. Code R. § 2
Current through Register Vol. 49, No. 6, June, 2024
Rule 007.04.93-002 - Food Stores, Markets, and WarehousesSection I. Authority The following amendment is proposed pursuant to the Authority expressly conferred by the Laws of the State of Arkansas including without limitation. Act 96 of 1913 (A.C.A. 20-7-109 ) and Act 415 of 1953 (A.C.A. 20-56-20120-56-223 ).
Section II. Purpose To amend the Rules and Regulations Pertaining to Food Stores, Markets and Warehouses as follows: by changing the terms inspection and inspection report form to assessment and assessment report form; by adding a section regarding permits; and adding a compliance requirement for tobacco sales to minors.
Section III. General Requirements (a) Amend Chapter Eight (8) to read as follows: Add the following food establishment permit requirements under Section 8-101:
Section 8-101 - General (a)No person shall operate a food store, market or warehouse who does not have a valid food establishment permit issued to him by the Health Authority in accordance with Act 357 of 1977 (A.C.A. 20-57. 201 thru 20-57-205 ). Only a person who complies with the requirements of these Regulations shall be entitled to receive or retain a food establishment permit. Permits are not transferable. A valid permit shall be posted in every food store, market or warehouse.(b)If tobacco products are sold, an approved sign must be conspicuously displayed. Vending machines must be placed in an acceptable location in accordance with Act 543 of 1991. (A.C.A. 5-27-227 ). the Arkansas Tobacco Products Act.(c)All catering operations shall be required to include their valid permit number in all advertising, including radio. television, printed media, business fivers, business cards and phone directory publishers.Section 8-102 - Issuance of permit (a) Any person desiring to operate a food store, market, or warehouse shall make written application for a food establishment permit on forms provided by the Health Authority. Such application shall include the name and address of each applicant, the location of the proposed food establishment and the signature of each applicant.(b)Prior to approval of an application for a food establishment permit, the Health Authority shall assess the proposed food establishment to determine compliance with the requirements of the Regulations.(c)The Health Authority shall issue a food establishment permit to the applicant if its assessment reveals that the proposed food establishment complies with the requirements of these Regulations-Section 8-103 Suspension of revocation of permitSection 8-103 Suspension or revocation of permit Procedures for the suspension and/or revocation of a food establishment permit shall be in accordance with Act 434 of 1967 (A.C.A. 25-15-201 thru 25-15-214 ).
(b) Amend Sub-Chapter title to read Assessments Amend Section 8-101 entitled Access to read as follows:
Amend Section number to 8-201
Representatives of the Health Authority, after proper identification to the apparent person in charge, shall be permitted to enter any retail food store at any reasonable time for the purpose of making assessments to determine compliance with these Regulations. The representative shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used.
(c) Amend Section 8-102 entitled Inspection Frequency to read as follows: Amend Section title to read to Assessment Frequency
Amend Section number to 8-202
An assessment of retail food stores shall be performed at least once every six months. Additional assessments of the retail food store shall be performed as often as necessary for the enforcement of these Regulations.
(d) Amend Section 8-103 entitled Report of Inspections to read as follows: Amend Section title to read Report of Assessments
Amend Section number to 8-203
Whenever an assessment of a retail food store or commissary is made, the findings shall be recorded on the assessment report form. The assessment report shall summarize the requirements of these Regulations. A copy of the completed assessment report form shall be furnished to the person in charge of the establishment at the conclusion of the assessment.
(e) Amend Section 8-104 entitled Correction of Violations to read as follows: Amend Section number to 8-204
(a) The completed assessment 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: Section 8-204 (a) Subsection (1) no change
Section 8-204 (a) Subsection (2) amend to read as follows:
All critical violation items shall be corrected as soon as possible, but in any event, within 20 days following assessment. A follow-up assessment shall be conducted to confirm correction.
Amend Section 8-204 (a) subsection (3) no change
Amend Section 8-204 (a) subsection (4) no change
Amend Section 8-204 (b) and (c) to read as follows:
(b) The assessment report shall state that failure to comply with any time limits for corrections may result in cessation of retail food operations. An opportunity for hearing on the assessment findings or the time limitations or both will be provided if a written request is filed with the Health Authority within ten days following cessation of operations. If a request for hearing is received, a hearing shall be held within 20 days of receipt of the request.(c) Whenever a retail food store is required under the provisions of Section 8-204 to cease operations, it shall not resume operations until it is shown on re-assessment that conditions responsible for the order to cease operation no longer exist. Opportunity for re-assessment shall be offered within a reasonable time.(f) Amend Section 8-106 to 8-205(g) Amend Section 8-107 entitled Pre-operational inspection to read as follows: Amend section title to read Pre-Operational Assessment
Amend Section number to 8-206
Whenever plans and specifications are required by section 8-205 of these Regulations to be submitted to the Health Authority, the Health Authority shall assess the retail food store prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of these Regulations.
(h) Amend Section 8-108 to 8-207(i) Amend Section 8-109 to 8-208(j) Amend Section 8-110 to 8-209Section IV. Repeal All Rules and Regulations and parts thereof in conflict herewith are hereby repealed.
Section V. Certification This will certify that the foregoing Amendment to the Rules and Regulations Pertaining to Food Stores, Markets and Harehouses was adopted by the Arkansas Board of Health at a regular session of said Board held in Little rock, Arkansas on the 28th day of October. 1993
007.04.93 Ark. Code R. § 002