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37.110.239    INSPECTIONS

(1) The local health officer or a sanitarian or sanitarian-in-training employed by or contracted with the local board of health shall perform an inspection of each food service establishment within the jurisdiction of the local board of health at least twice every 12 months unless that schedule is modified by signed agreement with the department. Additional inspections of the food service establishment must be performed as often as necessary for the enforcement of this subchapter.

(2) The local health officer, local health department sanitarian or sanitarian-in-training, or an authorized representative of the department, after proper identification, must be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with this subchapter and must be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed.

(3) Whenever an inspection of a food service establishment is made, the findings must be recorded on an inspection form authorized by the department. The inspection report form must summarize the requirements of this subchapter. Inspection remarks must be written to reference the item violated and must state the correction to be made. A copy of the completed inspection report form must be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that must be made available for public review or distribution upon payment of copying costs to any person upon request.

(4) The completed inspection report form must specify a reasonable period of time for the correction of the violations found and correction of the violations must be accomplished within the period specified, in accordance with the following provisions:

(a) All critical item violations must be corrected as soon as possible, but in any event, within 10 days following inspection. Critical items include the following:

(i) ARM 37.110.203(61) ; 37.110.204(1) ; 37.110.206(2) , (4) and (7) ; 37.110.207(4) , (5) , (7) , (8) , (9) , and (11) ; 37.110.208(1) , (3) , (6) , (7) and (8) (d) ; 37.110.210(1) , (4) , (6) and (7) (e) ; 37.110.212(10) and (11) ; 37.110.213(9) (a) ; 37.110.215(1) , (2) , (3) , (13) (d) , (14) , (15) , (23) , (24) , (25) , and (28) ; 37.110.217(1) , (3) and (6) ; 37.110.218(1) ; 37.110.219(1) , (2) , (3) and (6) ; 37.110.221(3) ; 37.110.223(1) , (4) and (5) ; 37.110.231(1) , (2) , (3) , (5) , (6) , (7) , (8) and (9) ; 37.110.232(10) ; 37.110.236(3) , (8) , (10) and (11) ; 37.110.240(4) ; 37.10.242(1) ; 37.110.252(1) and (2) ; 37.110.253(5) ; 37.110.254; 37.110.255; 37.110.256(3) and (4) ; and 37.110.257(3) (c) and (d) ;

(b) All other violations which are the remaining food establishment rules not mentioned in (4) (a) and (4) (a) (ii) must be corrected as soon as possible, but in any event, by the time of the next routine inspection;

(c) In the case of temporary food service establishments, all violations must be corrected within 24 hours.

(5) The inspection report must state that failure to comply with any time limits for corrections of critical item violations may result in cessation of food service operations.

(6) In the case of critical items, the local health officer, sanitarian, or sanitarian-in-training must conduct a follow-up inspection to check for correction compliance and record the results on an inspection form authorized by the department.

History: Sec. 50-50-103, 50-50-301, 50-50-305, MCA; IMP, Sec. 50-50-301, 50-50-302, 50-50-305, MCA; NEW, 1979 MAR p. 677, Eff. 7/13/79; AMD, 1994 MAR p. 2941, Eff. 11/11/94; TRANS & AMD, 2000 MAR p. 3201, Eff. 11/23/00.

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