18 AAC 31.900. Inspections

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

(b) The operator of a food establishment shall allow an employee or agent of the department, after proper identification, to enter and have free access to the establishment during reasonable hours to

(1) inspect all or any portion of the establishment, including each type of operation required to have a permit under 18 AAC 31.020;

(2) inspect all or any portion of any commissary, servicing area, or other facility supporting or operating in conjunction with the food establishment, including areas supporting vending machines;

(3) examine records relating to food and supplies purchased, received, or used;

(4) investigate employees' illness or absenteeism if investigating a possible foodborne outbreak; and

(5) examine food, observe procedures, obtain samples, or conduct tests to assure compliance with this chapter.

(c) During an inspection conducted under this section, the inspector shall record the findings on a rating or nonrating form developed by the department. The description of a violation must include the number on the form associated with the category under which the violation occurred, a brief statement of the specific problem and required correction, and a time period for the correction of the violation. A separate form shall be used for each type of operation inspected.

(d) If a rating form is used, the inspector shall assign values to categories of violations as follows:

(1) each critical violation category shall be assigned a value of four or five points, regardless of the number of violations in that category;

(2) each noncritical violation category shall be assigned a value of one or two points, regardless of the number of violations in that category;

(3) the point value of each category in which a violation is identified shall be added together, and the total shall be subtracted from 100 to determine the final rating.

(e) After an inspection in which a rating form is used,

(1) the operator shall correct violations as follows:

(A) four- or five-point valued items represent critical violations and must be corrected immediately; if the department agrees that immediate correction is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and interests of public health and consumer protection, the department may designate a correction period of up to 15 days on the form;

(B) if the rating is 85 or above, one- or two-point valued violations must be corrected within 90 days unless otherwise noted in the report;

(C) if the rating is between 70 and 84, one- or two-point valued violations must be corrected within 30 days unless otherwise noted in the report; and

(2) if the rating is less than 70, the department will immediately suspend the permit; and

(3) if the rating is 84 or below, the department may, subject to the availability of appropriations from the legislature and the staffing needs of other projects, conduct a reinspection.

(f) After an inspection in which a nonrating form is used,

(1) the operator shall correct violations as follows:

(A) critical violations must be corrected immediately; if the department agrees that immediate correction is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and protection of public health, the department may designate a correction period of up to 15 days on the form;

(B) noncritical violations in the following categories must be corrected immediately; if the department agrees that immediate correction is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and protection of public health, the department may designate a correction period of up to 30 days on the form:

(i) thawing;

(ii) food protected from contamination;

(iii) construction of food-contact surfaces;

(iv) accurate thermometers and test strips;

(v) wiping cloths; and

(vi) clean food-contact surfaces; and

(2) if violations are noted as follows during any one inspection, the department may, subject to the availability of appropriations from the legislature and the staffing needs of other projects, conduct a reinspection:

(A) three or more critical violation categories;

(B) two or more critical violation categories and three or more of the noncritical violation categories specified in (1)(B) of this subsection.

(g) The operator of a food establishment shall notify the department in writing when the operator has corrected four- or five-point valued violations noted on a rating form or critical violations noted on a nonrating form. The department may subject to the availability of appropriations from the legislature and the staffing needs of other projects, conduct an inspection to confirm correction.

(h) The operator of a temporary food service shall correct critical violations immediately and noncritical violations by the deadline set in the report. If a critical violation cannot be corrected, the department may, if the department determines a suspension would serve the interests of public health or consumer protection, immediately suspend the permit under 18 AAC 31.905.

(i) The department will review inspection findings under 18 AAC 31.940 if the operator of a food establishment submits a written request within 10 days after receiving the finding.

(j) If a food establishment is required to stop operating, the operator may not resume until a reinspection shows that the conditions that caused the suspension no longer exist. The department may, if public health is protected and the purpose of this chapter is otherwise satisfied, accept a compliance agreement with the operator that establishes a schedule for correcting deficiencies that cannot reasonably be corrected before the scheduled reinspection.

(k) The operator shall post a copy of the most recent inspection report, along with the copy of this chapter required under 18 AAC 31.020(b) , for review by employees.

( l ) Following an inspection of one or more operations within a food establishment with an inspection rating of at least 84, or if a nonrated form is used, with all critical violations corrected as required by (f)(1)(A) of this section, the department shall provide to the operator a "DEC Inspected" sticker. The operator shall post the sticker in a conspicuous location at the main entrance to the establishment.

(m) The completed inspection report is a public record. The department will, if it determines that publication serves the interests of public health and consumer protection, publish reports or ratings in a newspaper or on the department's internet website.

History: Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/1/2004, Register 172

Authority: AS 03.05.011

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