TITLE 39

HEALTH AND SAFETY

CHAPTER 16

FOOD ESTABLISHMENT ACT

39-1605.  Inspections. (1) The regulatory authority shall conduct unannounced inspections of every food establishment not subject to other state or federal food safety inspections to determine compliance or lack of compliance with the provisions of this chapter and the rules established by the board of health and welfare as often as deemed necessary by the authority.

(2)  The application for, or the possession of a license is a consent to inspection. The regulatory authority representative upon presentation of proper credentials is to be permitted access to the premises of any food establishment during hours of operation in order to determine compliance with the rules adopted under this chapter. Failure to grant access shall be cause for nonissuance of a license or license revocation.

(3)  The regulatory authority representative is to determine the degree of compliance by examining the food, including sampling as necessary, and by inspection in accordance with the rules adopted under this chapter.

(4)  For inspection and enforcement purposes, an applicant for, or holder of, a license may specify that the license reflect separate departments or divisions within a single food establishment. In such cases, an enforcement action, when necessary, shall be taken against an individual department or division within a single food establishment in lieu of an enforcement action against the food establishment as a whole, except when the department or division fails to comply with the rules established by the board of health and welfare.

(5)  An inspection report, the form and manner to be determined by the board, will be generated by each inspection and be given to the person in charge of the food establishment.

History:

[39-1605, added 1991, ch. 142, sec. 2, p. 335; am. 1997, ch. 194, sec. 5, p. 550.]