Utah Admin. Code 392-105-15

Current through Bulletin 2024-12, June 15, 2024

Section R392-105-15 - Inspections, Corrective Actions, and Prevention of Foodborne Disease

(1) A local health officer shall:

(a) ensure compliance with this rule when inspecting a kitchen facility;

(b) inspect the kitchen facility of a farm that requests an agritourism food establishment permit only:

(i) for an initial inspection, no more than one week before the agritourism food establishment is scheduled to begin operation;

(ii) for an unscheduled inspection if the local health department conducts the inspection within three days before or after the day on which the agritourism food establishment is scheduled to begin operation; or

(iii) for subsequent inspections if:

(A) the local health department provides the operator with reasonable advanced notice about an inspection; or

(B) the local health department has a valid reason to suspect that the agritourism food establishment is the source of an adulterated food or of an outbreak of illness caused by a contaminated food; and

(c) document the reason for any inspection on an inspection report form approved by the department after the permitting inspection, keep a copy of that documentation on file with the agritourism food establishment's permit, and provide a copy of that documentation to the operator.

(2) Upon presenting proper identification and providing notice of the intent to conduct an inspection as specified in Subsection R392-105-15(1)(b), the operator shall allow the local health officer to determine if the agritourism food establishment is in compliance with this rule by allowing access to the establishment, allowing inspection, and providing information and records specified in this rule.

(3) If an operator denies access to the local health officer, the local health officer shall:

(a) inform the operator that:

(i) the operator shall allow access to the local health officer as specified under Subsection R392-105-15(1);

(ii) access is a condition of the acceptance and retention of a permit to operate as specified under Section R392-105-5; and

(iii) if access is denied, an order issued by an appropriate authority allowing access may be obtained; and

(b) make a final request for access; and

(c) if the operator continues to refuse access, provide details of the denial of access on an inspection report form.

(5) The local health officer shall document at least the following on an inspection report form that has been approved by the department:

(a) specific factual observations of noncompliant conditions or other deviations from this rule that require correction by the operator including:

(i) failure of the operator to demonstrate the knowledge of foodborne illness prevention; and

(ii) failure of employees and the operator to report a disease or medical condition; and

(b) time frame for correction of violations.

(6) At the conclusion of the inspection the local health officer shall provide a copy of the completed inspection report and the notice to correct violations to the operator or to the person in charge, and request a signed acknowledgment of receipt.

(7)

(a) The local health officer shall inform a person who declines to sign an acknowledgment of receipt of inspectional findings that:

(i) an acknowledgment of receipt is not an agreement with findings;

(ii) refusal to sign an acknowledgment of receipt will not affect the operator's obligation to correct the violations noted in the inspection report within the time frames listed; and

(iii) a refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the historical record for the agritourism food establishment.

(b) The local health officer shall then make a final request that the person in charge sign an acknowledgment of receipt of inspectional findings.

(8) The local health officer shall treat the inspection report as a public document and shall make it available for disclosure.

(9) Repeat violations may prompt further compliance and enforcement actions.

(10)

(a) An operator shall immediately discontinue operations and notify the local health department if an imminent health hazard exists.

(b) If operations are discontinued as required by the local health officer or in response to an imminent health hazard, the operator shall obtain approval from the local health officer before resuming operations.

(11) A local health officer may conduct subsequent inspections, as needed and in accordance with Subsection R392-105-15(1)(b)(iii), to ensure the timely resolution of inspection findings after providing the operator with reasonable advanced notice about the inspection.

Utah Admin. Code R392-105-15

Adopted by Utah State Bulletin Number 2021-02, effective 12/21/2020

Amended by Utah State Bulletin Number 2022-13, effective 6/21/2022