R392-102-16. Inspections, Corrective Actions, and Prevention of Foodborne Disease

  (1) All food trucks shall meet the requirements of this rule. Food trucks are exempt from the requirements of Rule R392-100, Food Service Sanitation, unless otherwise stated in this rule.

  (2) Upon presenting proper identification and providing notice of the intent to conduct an inspection, the operator shall allow the local health officer to determine if the food truck is in compliance with this rule by allowing access to the food truck, allowing inspection, and providing information and records specified in this rule during the food truck's hours of operation and other reasonable times.

  (3) If an operator denies access to the local health officer, the local health officer shall:

  (a) Inform the operator that:

  (i) The operator is required to allow access to the local health officer as specified under Subsection R392-102-16(1),

  (ii) Access is a condition of the acceptance and retention of a permit to operate as specified under Section R392-102-4, and

  (iii) If access is denied, an order issued by an appropriate authority allowing access may be obtained; and

  (b) Make a final request for access.

  (c) If access continues to be refused, the local health officer shall provide details of the denial of access on an inspection report form.

  (4) The local health officer shall document on an inspection report form:

  (a) Administrative information about the food truck's legal identity, street and mailing addresses, permit tier designation as specified under Section R392-102-4, inspection date, and other information including the type of water supply, sewage disposal, status of the permit, and personnel certificates of food safety management and training; and

  (b) Specific factual observations of noncompliant conditions or other deviations from this rule that require correction by the operator including:

  (i) Failure of the operator to demonstrate the knowledge of foodborne illness prevention, and

  (ii) Failure of employees and the operator to report a disease or medical condition; and

  (c) Time frame for correction of violations.

  (5) At the conclusion of the inspection the local health officer shall provide a copy of the completed inspection report and the notice to correct violations to the operator or to the person in charge, and request a signed acknowledgement of receipt.

  (a) The local health officer shall inform a person who declines to sign an acknowledgement of receipt of inspectional findings that:

  (i) An acknowledgment of receipt is not an agreement with findings;

  (ii) Refusal to sign an acknowledgement of receipt will not affect the operator's obligation to correct the violations noted in the inspection report within the time frames listed; and

  (iii) A refusal to sign an acknowledgement of receipt is noted in the inspection report and conveyed to the historical record for the food truck.

  (iv) The local health officer shall make a final request that the person in charge sign an acknowledgement of receipt of inspectional findings.

  (6) The local health officer shall treat the inspection report as a public document and shall make it available for disclosure.

  (7) An operator shall immediately discontinue operations and notify the local health department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstances that may endanger public health.

  (a) If operations are discontinued as required by the local health officer or in response to an imminent health hazard as specified in Subsection R392-102(16)(7), the operator shall obtain approval from the local health officer before resuming operations.

  (8) A local health department issuing the primary permit, or reinstating a suspended primary or secondary permit, may conduct one or more preoperational inspections to verify that the food truck is constructed and equipped in accordance with the approved plans and approved modifications of those plans, and is in compliance with this rule.

  (9)(a) A local health officer may periodically conduct operational onsite inspections of a food truck to determine continued compliance with this rule.

  (b) For each year that a primary permit is issued to a food truck operator, the local health department that issued the permit shall conduct a minimum of one inspection of a food truck with a primary permit, regardless of tier designation as described in Subsection R392-102-4(5)(b).

  (c) Any local health department that issues a secondary permit to a food truck operator may conduct a minimum of one onsite inspection prior to permit expiration.

  (d) The local health department shall periodically inspect throughout its permit period a food truck operating only with a temporary food establishment permit that prepares, sells, or serves unpackaged time/temperature control for safety food and that has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, potable water supply, waste retention and disposal, and insect and rodent control.

  (10) A local health officer may conduct follow-up inspections, as needed, to ensure the timely resolution of inspection findings.

  (11) The local health officer shall make the operator aware of inspectional findings both during, and at the conclusion of, the inspection as well as strategies for achieving compliance. Repeat violations may prompt further compliance and enforcement actions.