(a) Responsibilities of the regulatory authority.
- (1) At the time a permit is first issued, the regulatory authority shall provide to the permit holder a copy of this subchapter so that the permit holder is notified of the compliance requirements and the conditions of retention as specified under subsection (b) of this section that are applicable to the permit.
- (2) Failure to provide the information specified in subdivision (a)(1) of this section does not prevent the regulatory authority from taking authorized action or seeking remedies if the permit holder fails to comply with this subchapter or an order, warning, or directive of the regulatory authority.
(b) Responsibilities of the permit holder. Upon acceptance of the permit issued by the regulatory authority, the permit holder in order to retain the permit shall:
- (1) Post the permit in a location in the retail food establishment that is conspicuous to consumers;
- (2) Comply with the provisions of this subchapter including the conditions of a granted variance as specified under 20 CAR § 197-103(b), and approved plans as specified under 20 CAR § 197-201(b);
- (3) If a retail food establishment is required under 20 CAR § 197-201(c) to operate under an HACCP plan, comply with the plan as specified under 20 CAR § 197-103(c);
- (4) Immediately contact the regulatory authority to report an illness of a food employee or conditional employee as specified under 20 CAR § 191-201(a)(2);
- (5) Immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified under 20 CAR § 197-404(a);
- (6) Allow representatives of the regulatory authority access to the retail food establishment as specified under 20 CAR § 197-402(b);
(7) Replace existing facilities and equipment specified in 20 CAR § 197-101 with facilities and equipment that comply with this subchapter if:
- (A) The regulatory authority directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;
- (B) The regulatory authority directs the replacement of the facilities and equipment because of a change of ownership; or
- (C) The facilities and equipment are replaced in the normal course of operation;
- (8) Comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the permit holder’s retail food establishment or in response to community emergencies;
- (9) Accept notices issued and served by the regulatory authority according to this subchapter;
- (10) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this subchapter or a directive of the regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives; and
- (11) Notify customers that a copy of the most recent establishment inspection report is available upon request by posting a sign or placard in a location in the retail food establishment that is conspicuous to customers or by another method acceptable to the regulatory authority.
- (c) Permits not transferable. A permit may not be transferred from one (1) person to another person, from one (1) retail food establishment to another, or from one (1) type of operation to another if the food operation changes from the type of operation specified in the application as specified under 20 CAR § 197-302(d)(3) and the change in operation is not approved.