HAR §11-50-8. Inspection and correction of violations

(a) Establishing inspection interval. (1) The department may inspect a food establishment at a frequency based upon the risk of foodborne illness transmission as determined by the department. Inspections shall also be conducted in response to a complaint or an epidemiological investigation of an alleged foodborne illness outbreak; (2) The department shall be permitted to examine the records of the establishment to get pertinent information regarding food, supplies, and 50-32 §11-50-8 services purchased, received, or used and persons employed. (b) The department may prioritize and conduct more frequent inspections based upon its assessment of a food establishment's history of compliance with this chapter and the establishment's potential as a vector of foodborne illness by evaluating: (1) Past performance, for nonconformance with this chapter or HACCP plan requirements that are critical items; (2) Past performance, for numerous or repeat violations of this chapter or HACCP plan requirements that are noncritical items; (3) Past performance, for complaints investigated and found to be valid; (4) The hazards associated with the particular foods that are prepared, stored, or served; (5) The type of operation including the methods and extent of food storage, preparation, and service; (6) The number of people served; and (7) Whether the population served is a highly susceptible population. (c) After the department presents official credentials and indicates an intent to conduct an inspection, the person in charge shall allow the department to determine if the food establishment is in compliance with this chapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this chapter and to which the department is entitled according to law, during the food establishment's hours of operation and other reasonable times. (d) An inspection report or other record shall be used to document the conditions observed and any noncompliance with this chapter that requires correction, which may include any of the following: (1) Nonconformance with requirements of this chapter; (2) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the department as specified in section 11-50-13(i); (3) Failure of the person in charge to provide records required by the department for determining conformance with a HACCP plan as specified in section 11-50-4 (h) (2) (D) (vii); and 50-33 §11-50-8 (4) Nonconformance with critical limits of a HACCP plan. (e) The department shall specify on the inspection report the time frame for correction of the violations in accordance with this chapter. (f) At the conclusion of the inspection, the department shall request a signature by the person in charge acknowledging receipt of the department's findings. (g) Refusal to sign acknowledgment of the department's findings shall not affect the owner or operator's obligation to correct the violations noted in the inspection report within the time frames specified. (h) The department shall treat the inspection report as a public document and shall make the report available for disclosure to a person who requests the report as provided by law. (i) Ceasing operation and self-reporting - imminent health hazard. (1) The owner or operator shall immediately discontinue food operations and notify the department that an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, natural disaster, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health. (2) An owner or operator may be allowed to continue operations in an area of an establishment that is unaffected by the imminent health hazard. (j) Resumption of operations. If operations are voluntarily suspended or suspended as may otherwise be provided by this chapter, the owner or operator shall obtain approval from the department before resuming operations. (k) Timely correction of violations. (1) Except as otherwise directed by the department, an owner or operator shall immediately correct a critical violation of this chapter and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit; (2) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the department may specify a 50-34 §11-50-9 longer time frame for the owner or operator to correct critical violations or HACCP plan deviations; and (3) The owner or operator shall correct all critical and non-critical violations by a date and time specified by the department in any inspection report or other directive from the department. (1) Verification and documentation of correction. (1) After observing at the time of inspection a correction of a critical violation or a HACCP plan deviation, the department shall enter the violation and information about the corrective action on the inspection report; (2) After receiving notification that the owner or operator has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the department shall verify correction of the violation, document the information on an inspection report, and enter the report in the department's records. (m) Upon request, the department shall provide a copy of the completed inspection report to the owner or operator or r.p,eGr2inzdzs charge. [Eff 2/24/2014; am and comp 1-\U ] (Auth: HRS §321-11) (Imp: HRS §321-11)