20 CAR § 197-402 – Competency and access

(a) Competency of inspectors. An authorized representative of the regulatory authority who inspects a retail food establishment or conducts plan review for compliance with this subchapter shall have the knowledge, skills, and ability to adequately perform the required duties.
(b) Allowed at reasonable times after due notice. After the regulatory authority presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the person in charge shall allow the regulatory authority to determine if the retail food establishment is in compliance with this subchapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this subchapter and to which the regulatory authority is entitled according to law, during the retail food establishment’s hours of operation and other reasonable times.
(c) Refusal, notification of right to access, and final request for access. If a person denies access to the regulatory authority, the regulatory authority shall:
1. (1) Inform the person that:
  1. (A) The permit holder is required to allow access to the regulatory authority as specified under subsection (b) of this section;
  2. (B) Access is a condition of the acceptance and retention of a retail food establishment permit to operate as specified under 20 CAR § 197-304(b); and
  3. (C) If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection order, may be obtained according to law; and
2. (2) Make a final request for access.
(d) Refusal — Reporting. If after the regulatory authority presents credentials and provides notice as specified under subsection (b) of this section, explains the authority upon which access is requested, and makes a final request for access as specified in subsection (c) of this section, the person in charge continues to refuse access, the regulatory authority shall provide details of the denial of access on an inspection report form.
(e) Inspection order to gain access. If denied access to a retail food establishment for an authorized purpose and after complying with subsection (c) of this section, the regulatory authority may issue, or apply for the issuance of, an inspection order to gain access as provided in law.