(a) Permits.

1. (1) General.

   1. (A) No person shall operate a food processing establishment who does not have a valid food establishment permit issued to him or her by the Department of Health in accordance with Acts 1991, No. 378 (Arkansas Code §§ 20-57-201 – 20-57-205).
   2. (B) Only a person who complies with the requirements of this part shall be entitled to receive or retain a food establishment permit.
   3. (C) Permits are not transferable.
   4. (D) A valid permit shall be conspicuously posted in every food processing establishment.

2. (2) Issuance of permit. Prior to the issuance of a permit the following requirements shall be met:

   1. (A)

(i) Any person desiring to operate a food processing establishment shall make written application for a food establishment permit on forms provided by the department.

1. (ii) Such application shall include the:

(b) (b) Location of the proposed food processing establishment; and

1. (c) (c) Signature of each applicant;

   1. (B) Prior to approval of an application for a food establishment permit, the department shall inspect the proposed food processing establishment to determine compliance with the requirements of the part; and
   2. (C) The department shall issue a food establishment permit to the applicant if its inspection reveals that the proposed food processing establishment complies with the requirements of this part.
2. (3) Suspension or revocation of permit. Procedures for the suspension and/or revocation of a food establishment permit shall be in accordance with Acts 1967, No. 434 (Arkansas Code §§ 25-15-201 – 25-15-214).

(b) Inspections.

1. (1) Representatives of the department, after proper identification, shall be permitted to enter any food manufacturing establishment or food storage warehouse at any reasonable time for the purpose of making inspections to determine compliance with this part.

2. (2) The representatives shall be permitted to examine records maintained in the establishment to obtain information pertaining to the source of food and supplies in the establishment when deemed necessary for the enforcement of this part.

   1. (c) Plan review.
3. (1) Prior to beginning construction or extensive remodeling, plans for the proposed food processing establishment must first be submitted to the Plan Review Section of the department for review and approval.
4. (2) A preopening inspection must be conducted by the department to ensure that construction has been accomplished in accordance with the approved plans.