Texas Register, Volume 3, Number 5, Pages 183-226, January 17, 1978 Page: 208
183-226 p. ; 28 cm.View a full description of this periodical.
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.011. Inspection and Enforcement.
(a) Access. Agents of the regulatory 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
rules. The agents shall be permitted to examine the records
of the establishments to obtain information pertaining to
food and supplies purchased, received, or used, or to persons
employed.
(b) Report of inspections. Whenever an inspection is
made of a food service establishment, the findings shall be
recorded on the inspection report form referred to in Section
(f) of Rule .011. The original of the inspection report form
shall be furnished to th owner or person in charge at the
completion of the inspection and constitutes a written notice.
The inspection report form shall summarize the require-
ments of these rules and shall set forth a weighted point
value for each requirement. The rating score of the estab-
lishment shall be the total of the weighted point value for all
violations, subtracted from 100. The completed inspection
report form is a public document that shall be made available
for public disclosure to any person who requests it according
to law.
(c) Correction of violations. The inspection report fdrm
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 com-
plete lack of sanitization, refrigeration, or sewage backup
into the establishment, the establishment shall immediately
cease food service operations. Operations shall not be
resumed until authorized by the regulatory authority.
(2) All violations of four- or five-point weighted items
shall be corrected within a time specified by the health
authority, but in any event, not to exceed 10 days.
(3) All one- or two-point weighted items shall be cor-
rected as soon as possible, but in any event, by., the time of the
next routine inspection.
(4) When the rating score of the establishment is less
than 60, the establishment shall initiate corrective action on
all identified violations within 48 hours. One or more
reinspections shall be conducted at reasonable time intervals
to assure correction.
(5) In the case of temporary food service establish-
ments. all violations shall be corrected within 24 hours. Ifviolations are not corrected within 24 hours, the establish-
ment shall immediately cease food service operations until
authorized to resume by the regulatory authority.
(d) Examination and condemnation of food. The
regulatory authority may examine and collect samples of
food as often as necessary for the enforcement of these rules.
The regulatory authority shall, upon written notice to the
owner or person in charge specifying the reason therefor,
place under detention any food which it has probable cause to
believe is adulterated or misbranded in accordance with the
provisions of Section 6, and paragraph (2) of Section 21, Arti-
cle 4476-5, Texas Civil Statutes, the Texas Food, Drug, and
Cosmetic Act.
(e) Procedure when infection is suspected. When the
regulatory authority has reasonable cause to suspect the
possibility of disease transmission from any food service es-
tablishment employee, it may secure a morbidity history of
the suspected employee or make any other investigation as
may be indicated and shall take appropriate action. The
regulatory authority may require any or all of the following
measures:
(1) the immediate exclusion of the employee from all
food service establishments;
(2) the immediate closing of the food service estab-
lishment concerned until, in the opinion of the regulatory
authority, no further danger of disease outbreak exists;
(3) restriction of the employee's services to some
area of the establishment where there would be no danger of
transmitting disease;
(4) adequate medical and laboratory examination of
the employee, of other employees, and of his and their body
discharges.
(f) Inspection report form. The department adopts by
reference the department form entitled "Food Service Estab-
lishment Inspection Report," described in Rule .011(b) and
available in the department's Food and Drug Division Office,
1100 West 49th Street, Austin, Texas 78756.
Issued in.Austin, Texas, on January 9, 1978.Doc. No. 780224
Raymond T. Moore, M.D.
Deputy Commissioner
Texas Department of HealthEffective Date: March 1, 1978
For further information, please call (512) 458-7248.t " "t-'L:
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V lm iN n r ., ..nl r. 717208
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Texas. Secretary of State. Texas Register, Volume 3, Number 5, Pages 183-226, January 17, 1978, periodical, January 17, 1978; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252892/m1/26/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.