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007.10.17-11. COMPLIANCE PROCEDURES

AR ADC 007.10.17-11Arkansas Administrative Code

West's Arkansas Administrative Code
Title 007. Department of Health
Division 10. Environmental Health Protection
Rule 17. Food Service Establishments (Refs & Annos)
Ark. Admin. Code 007.10.17-11
007.10.17-11. COMPLIANCE PROCEDURES
Currentness
Permits
11-101 General
(a) No person shall operate a food service establishment 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 service establishment.
(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, (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 flyers, business cards and phone directory publishers.
(d) All mobile and pushcart units shall have the permit number permanently affixed on the unit in an easily visible location.
11-102 Issuance of permit
(a) Any person desiring to operate a food service establishment shall make written application for a food service 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 service 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 service establishment to determine compliance with the requirements of these Regulations.
(c) The Health Authority shall issue a food establishment permit to the applicant if its assessment reveals that the proposed food service establishment complies with the requirements of these Regulations.
11-103 Suspension or revocation of permit
Procedures for the suspension and/or revocation of a food establishment permit shall be in accordance with the Administrative Procedures of the Arkansas State Board of Health and the Arkansas Department of Health.
Assessments
11-201 Assessment frequency
An assessment of a food service establishment shall be performed at least once every six months. Additional assessments of the food service establishment shall be performed as often as necessary for the enforcement of these Regulations.
11-202 Access
Representative of the Health Authority after proper identification shall be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with these Regulations. The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received or used.
11-203 Report of assessments
Whenever an assessment of a food service establishment or commissary is made the findings shall be recorded on the assessment report form. The assessment report form 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.
11-204 Correction of violations
(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:
(1) If an imminent health hazard exists such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the Health Authority.
(2) All critical items shall be corrected as soon as possible, but in any event within 20 days following assessment. A followup assessment shall be conducted to confirm correction.
(3) All non-critical items shall be corrected as soon as possible.
(4) In the case of temporary food service establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the establishment shall immediately cease food service operations until authorized to resume by the Health Authority.
(b) The assessment report shall state that failure to comply with any time limits for corrections may result in cessation of food service 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 10 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) Wherever a food service establishment is required under the provisions of section 10-204 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.
Review of Plans
11-301 Submission of plans
Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specificatins for such construction, remodeling or conversion shall be submitted to the Health Authority for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The Health Authority shall approve the plans and specifications if they meet the requirements of these Regulations. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the Health Authority.
11-302 Pre-operational assessment
Whenever plans and specifications are required by section 10-301 of these Regulations to be submitted to the Health Authority, the Health Authority shall assess the food service establishment prior to the state of operations, to determine compliance with the approved plans and specifications and with the requirements of these Regulations.
Procedure When Infection is Suspected
11-401 General
When the Health Authority has reasonable cause to suspect possible disease transmission by an employee of a food service establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The Health Authority may require any or all of the following measures:
(a) The immediate exclusion of the employee from employment in food service establishments;
(b) The immediate closing of the food service establishment concerned until, in the opinion of the Health Authority no further danger of disease outbreak exists;
(c) Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease;
(d) Adequate medical and laboratory examination of the employee and of other employees and of his and their body discharges.
Remedies
11-501 Penalties
Penalties for violations of these Rules and Regulations may be imposed as provided in (A.C.A. 20-7-101).
11-502 Injunctions
The Health Authority may seek to enjoin violations of these Regulations.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.10.17-11, AR ADC 007.10.17-11
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