Section 250-RICR-40-00-2.6 - InspectionsA. The Department may inspect for compliance with R.I. Gen. Laws §§ 2-1-9 and 2-1-10 and these regulations, and investigate complaints. Such inspection may include but is not limited to, any farm, field, lot, area, building or vehicle under the control of a registrant or any person, firm or corporation where produce is grown, harvested, packed, stored, or held, including vehicles used to transport and hold produce. Inspections may be random systematic inspections or in response to a specific complaint or request. An inspection initiated from a specific complaint or request is not limited to that complaint or request. At the time of the inspection, the inspector may record all violations. Such inspections may include obtaining samples and specimens for laboratory analysis.B. Inspectors for the Department, after identifying themselves, may enter all relevant areas of a Covered Farm, at any time, for the purpose of making an inspection to ascertain whether the entity is in compliance with R.I. Gen. Laws §§ 2-1-9 and 2-1-10 and these regulations. Individuals engaged in regulated activities shall provide access to Department inspectors at all times for inspection of the Covered Farm.C. Initial and Routine Inspections shall be coordinated with the registrant and shall take place during the normal business hours of the entity receiving inspection, on an annual basis. Additionally, the Department shall be given access to and the right to review and copy any and all records pertaining to 21 C.F.R. Part 112, incorporated above at § 2.2 of this Part, R.I. Gen. Laws §§ 2-1-9 and 2-1-10 and these regulations when requested, or within twenty-four (24) hours of request.D. Upon the completion of an inspection the Department shall issue a Produce Inspection Observation Form to the registrant being inspected that covers all produce, facilities, acreage and other areas identified in the registration, as well as any other areas that the Department deems inherent to the conduct of an inspection under its authority.E. Follow-up Inspections/re-inspections shall be conducted to ensure that identified corrective actions and prior non-conformances, R.I. Gen. Laws §§ 2-1-9 and 2-1-10 and these regulations, have been corrected and documented.F. Follow-up Inspections/re-inspections may take place during the normal business hours of the entity receiving inspection and will take into account the priority of the corrective action as indicated in the Produce Inspection Observation Form and Summary Report of inspection, or through any other report, document or finding supplied by the Department upon the completion of an inspection activity.G. For-Cause Inspections shall take place when the Department is made aware, through report or information, that a specific issue related to a public health risk or produce safety concern, such as an outbreak, reported complaint, or recall has taken place or is imminent. For-Cause Inspections will follow all inspectional protocols and procedures identified in this section.H. Covered Farms registered pursuant to these regulations or produce farms who voluntarily request inspection pursuant to these regulations, may be subject to unannounced inspections, as determined by the Department to protect public health and safety.I. In accordance with 21 C.F.R. Part 112, incorporated above at § 2.2 of this Part, and R.I. Gen. Laws §§ 2-1-9 and 2-1-10, the Department shall have the right to enter and inspect any facility, building or structure used to store, cool, pack and/or hold produce covered under 21 C.F.R. Part 112, incorporated above at § 2.2 of this Part.J. If the person in charge at the time of the inspection refuses entry to an inspector for the Department, refuses to permit an authorized inspection, refuses access to records, or interferes with the Department, or any agent thereof, in the performance of its duties, the Department may: 1. Seek an administrative search warrant to search/inspect the premises, in accordance with the provisions of R.I. Gen. Laws § 42-17.1-2(20); and/or2. Take steps to refuse to issue certificates, inspection documentation or to impose administrative penalties or fines, in accordance with R.I. Gen. Laws § 42-17.1-2(22) and/or3. Issue an order to cease and desist operations.K. The completed Produce Inspection Observation Form and Summary Report of Inspection, and other related inspectional and enforcement documents, shall be public records as defined in R.I. Gen. Laws Chapter 38-2, unless a specific exemption applies in a particular case.250 R.I. Code R. 250-RICR-40-00-2.6
Adopted effective 6/22/2020