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007.10.31-8. COMPLIANCE PROCEDURES

AR ADC 007.10.31-8Arkansas Administrative Code

West's Arkansas Administrative Code
Title 007. Department of Health
Division 10. Environmental Health Protection
Rule 31. Food Stores, Markets and Warehouses
Ark. Admin. Code 007.10.31-8
007.10.31-8. COMPLIANCE PROCEDURES
Currentness
8-101 Access
Representatives of the Health Authority, after proper identification to the apparent person in charge, shall be permitted to enter any retail food store at any reasonable time for the purpose of making assessments 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.
8-102 Inspection Frequency
An assessment of retail food store shall be performed at least once every six months. Additional assessments of the retail food store shall be performed as often as necessary for the enforcement of these Regulations.
8-103 Report
Whenever an inspection of a retail food store or commissary is made, the findings shall be recorded on the inspection report form. The assessment report shall summarize the requirements of these Regulations. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection.
8-104 Time Limits for 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 operations. Operations shall not be resumed until authorized by the Health Authority.
(2) All critical violation items shall be corrected as soon as possible, but in any event, within 20 days following inspection. A follow-up 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 stores, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the establishment shall immediately cease operations until authorized to resume by the Health Authority.
(b) The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of retail food operations. An opportunity for hearing on the inspection findings or the time limitations or both will be provided if a written request is filed with the Health Authority within ten 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) Whenever a retail food store is required under the provisions of section 8-104 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.
8-106 Submission of Plans
Whenever a retail food store is constructed or extensively remodeled and whenever an existing structure is converted to use as a retail food store, properly prepared plans and specifications 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 retail food store shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the Health Authority.
8-107 Pre-Operational Assessment
Whenever plans and specifications are required by these Regulations to be submitted to the Health Authority, the Health Authority shall assess the retail food store prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of these Regulations.
8-108 Procedure when Infection is Suspected
When the Health Authority has reasonable cause to suspect possible disease transmission by an employee of a retail food store, it may secure a morbid 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 a retail food store;
(b) The immediate closing of the retail food store 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.
8-109 Penalties
Penalties for violations of these Rules and Regulations may be imposed as provided in Ark. Code Ann. ยง 20-7-101.
8-110 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 007.10.31-8, AR ADC 007.10.31-8
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