(a) Establishing inspection interval.

1. (1) Except as specified in subdivisions (a)(2) and (3) of this section, the regulatory authority shall inspect a retail food establishment at least once every six (6) months.

2. (2) The regulatory authority may increase the interval between inspections beyond six (6) months if:

   1. (A) The retail food establishment is fully operating under an approved and validated HACCP plan as specified under 20 CAR § 197-201(d) and 20 CAR § 197-103(c);
   2. (B) The retail food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction; or
   3. (C) The establishment's operation involves only coffee service and other unpackaged or prepackaged food that is not time/temperature control for safety food such as carbonated beverages and snack food such as chips, nuts, popcorn, and pretzels.

3. (3) The regulatory authority shall periodically inspect throughout its permit period a temporary food establishment that prepares, sells, or serves unpackaged time/temperature control for safety food and that:

   1. (A) Has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, providing drinking water, waste retention and disposal, and insect and rodent control; or
   2. (B) Has inexperienced food employees.

(b) Performance and risk-based. Within the parameters specified in subsection (a) of this section, the regulatory authority shall prioritize, and conduct more frequent inspections based upon its assessment of a retail food establishment’s history of compliance with this subchapter and the establishment's potential as a vector of foodborne illness by evaluating:

1. (1) Past performance, for nonconformance with this subchapter or HACCP plan requirements that are priority items or priority foundation items;
2. (2) Past performance for numerous or repeat violations of this subchapter or HACCP plan requirements that are core items;
3. (3) Past performance, for complaints investigated and found to be valid;
4. (4) The hazards associated with the particular foods that are prepared, stored, or served;
5. (5) The type of operation including the methods and extent of food storage, preparation, and service;
6. (6) The number of people served; and
7. (7) Whether the population served is a highly susceptible population.