16 Del. Admin. Code § 8-401.10

Current through Register Vol. 27, No. 12, June 1, 2024

Section 8-401.10 - Establishing Inspection Interval

(A) Except as specified in ¶¶ (B) and (C) of this section, the REGULATORY AUTHORITY Shall inspect a FOOD ESTABLISHMENT at least once every 6 months.

(B) The REGULATORY AUTHORITY may increase the interval between inspections beyond 6 months if:

(1) The FOOD ESTABLISHMENT is fully operating under an APPROVED and validated HACCP plan as specified under § 8-201.14 and ¶¶ 8-103.12(A) and (B);

(2) The FOOD ESTABLISHMENT is assigned a less frequent inspection frequency based on a written RiSK-based inspection schedule that is being uniformly applied throughout the jurisdiction and at least once every 6 months the establishment is contacted by telephone or other means by the REGULATORY AUTHORITY to ensure that the establishment manager and the nature of FOOD operation are not changed; or

(3) The establishment's operation involves only coffee service and other unPACKAGED or prePACKAGED FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD such as carbonated BEVERAGES and snack FOOD such as chips, nuts, popcorn, and pretzels.

(C) The REGULATORY AUTHORITY shall periodically inspect throughout its PERMIT period a TEMPORARY FOOD ESTABLISHMENT that prepares, sells, or serves unPACKAGED TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and that:

(1) Has improvised rather than permanent facilities or EQUIPMENT for accomplishing functions such as handwashing, FOOD preparation and protection, FOOD temperature control, WAREWASHING, providing DRINKING WATER, waste retention and disposal, and insect and rodent control; or

(2) Has inexperienced FOOD EMPLOYEES.

16 Del. Admin. Code § 8-401.10

17 DE Reg. 1084( 5/1/2014) (Final)