§ 16.60.290. Compliance inspections.

A.

The department may conduct inspections to determine compliance with this chapter.

B.

The person operating a food establishment shall allow an inspector to enter and have free access to the food establishment during reasonable hours to conduct an inspection in order to determine compliance with this chapter. During an inspection the department may, but is not limited to:

1.

Inspect all or any portion of the establishment, including each type of operation required to have a permit under Section 16.60.070;

2.

Inspect all or any portion of any commissary, servicing area, or other facility supporting or operating in conjunction with the establishment, including areas supporting vending machines;

3.

Examine records relating to food and supplies purchased, received, or used;

4.

Examine employees' illness or absenteeism if investigating a possible foodborne disease outbreak; and

5.

Examine food, observe procedures, obtain samples, or conduct tests to assure compliance with this chapter.

C.

Failure to grant free access as described in section B. above shall constitute cause for the suspension or revocation of the food establishment permit pursuant to Sections 16.60.320 and 16.60.330 or a Notice of Closure under Section 16.60.340.

D.

During an inspection, the inspector shall record the findings on forms developed by the department. The department shall develop and utilize a compliance inspection report form that incorporates a scoring system based on the 2013 FDA Food Code that assigns point values based on the importance of that item in the prevention of food-borne disease. A compliance inspection report shall include these findings:

1.

An overall inspection score from 0 to 100 determined by subtracting the sum of the point values requiring correction from the total points possible, dividing by the total points possible and then multiplying by 100 to compute the percentage of possible points obtained. The inspection score shall be expressed as the nearest whole percentage of this computed value. Scores shall not be assigned to change of ownership inspections, enforcement inspections, additional inspections, or structural inspections.

2.

The identification of improper food handling, storage, preparation, cooking or housekeeping processes that are in need of correction.

3.

A notation indicating what further action is warranted based on the number or types of items noted for correction or the overall inspection score.

E.

The department shall conduct inspections as follows:

1.

Regular inspections. The department shall make a reasonable effort to inspect every permitted food establishment at least once per year. When a regular inspection is made, the inspector shall inspect the entire permitted food establishment. The department may conduct additional inspections of permitted food establishments based upon the potential risk of foodborne illness transmission.

2.

Re-inspections. The department may conduct re-inspections to verify compliance with this chapter. When a re-inspection is conducted, the inspector shall complete an inspection in its entirety.

a.

A re-inspection may be conducted by the department as needed, subsequent to a regular inspection, where critical violations were noted and the department issued a compliance schedule pursuant to section 16.60.300, repeat noncritical violations were noted on two or more consecutive inspections, or to monitor correction of items listed on the last regular inspection form. A re-inspection may occur within 30 calendar days of the initial inspection.

b.

The department may issue a compliance schedule pursuant to Section 16.60.300 for any new violations found during a re-inspection.

c.

An enforcement inspection may be scheduled subsequent to a re-inspection according to section E.3. below.

3.

Enforcement inspections. An enforcement inspection may be conducted by the department as needed, subsequent to a regular inspection or re-inspection, where repeat critical violations were noted or repeat noncritical violations were noted on three or more consecutive inspections. Following permit suspension or closure, a re-opening inspection will be conducted and charged as an enforcement inspection.

a.

During an inspection resulting in the need for an enforcement inspection:

i.

The operator shall receive written notice an enforcement inspection shall be made on a specific date, which shall be within 15 days of the current inspection date;

ii.

Written notice shall be given should the operator fail to correct the identified violation(s) by the time of the enforcement inspection, the department may suspend or revoke the food establishment permit in accordance with Sections 16.60.320 and 16.60.330;

b.

The operator shall be assessed a fee for such enforcement inspection(s) at the current department rate set forth in Section 16.60.110.

c.

Should an enforcement inspection reveal critical violations identified on the previous inspection continue to exist:

i.

The department may initiate the suspension or revocation of the permit in accordance with Sections 16.60.320 and 16.60.330; or

ii.

The department may schedule additional enforcement inspections pursuant to this subsection.

4.

Change of ownership inspections. A change of ownership inspection shall be conducted by the department following receipt of an application for a permit indicating a change of ownership. The inspection shall check for compliance with this chapter.

5.

Additional inspections. The department may conduct additional inspections of permitted food establishments:

a.

Subsequent to extensive remodeling of a permitted food establishment;

b.

In response to a complaint;

c.

Prior to issuance of a permit and to opening of a new food establishment;

d.

After fire, flood, extended interruption of potable water or electrical service, or other emergency in the permitted food establishment potentially affecting food safety; or

e.

As needed to protect public health or to assure compliance with this chapter.

6.

Structural inspections. The department may conduct an inspection of a structure, where plans are approved by the department, to monitor compliance with this chapter.

F.

An operator may not interfere with or threaten an inspector performing an inspection under this section.

(AO No. 2009-40(S), § 1, 7-21-09; AO No. 2009-102, § 1, 8-25-09, eff. 1-1-10; AO No. 2015-31, § 1, 4-14-15 ; AO No. 2017-162 , § 28, 12-19-17)