(a) Documenting information and observations. The regulatory authority shall document on an inspection report form:
- (1) Administrative information about the retail food establishment’s legal identity, street and mailing addresses, type of establishment and operation as specified under 20 CAR § 197-302(d)(3), inspection date, and other information such as type of water supply and sewage disposal, status of the permit, and personnel certificates that may be required; and
(2) Specific factual observations of violative conditions or other deviations from this subchapter that require correction by the permit holder including:
- (A) Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this subchapter specified under 20 CAR § 191-201(a);
- (B) Failure of food employees, conditional employees, and the person in charge to report a disease or medical condition as specified under 20 CAR § 191-201(a)(2) and (4);
- (C) Nonconformance with priority items or priority foundation items of this subchapter;
- (D) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the regulatory authority as specified under 20 CAR § 197-103(c);
- (E) Failure of the person in charge to provide records required by the regulatory authority for determining conformance with an HACCP plan as specified under 20 CAR § 197-201(d)(4)(G); and
- (F) Nonconformance with critical limits of an HACCP plan.
- (b) Specifying timeframe for corrections. The regulatory authority shall specify on the inspection report form the time frame for correction of the violations as specified under 20 CAR §§ 197-404, 197-405(a), and 197-406(a).
- (c) Issuing report and obtaining acknowledgement of receipt. At the conclusion of the inspection and according to this subchapter, the regulatory authority shall provide a copy of the completed inspection report and the notice to correct violations to the permit holder or to the person in charge and request a signed acknowledgment of receipt.
(d) Refusal to sign acknowledgement. The regulatory authority shall:
(1) Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in subsection (c) of this section that:
- (A) An acknowledgment of receipt is not an agreement with findings;
- (B) Refusal to sign an acknowledgment of receipt will not affect the permit holder’s obligation to correct the violations noted in the inspection report within the time frames specified; and
- (C) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the regulatory authority’s historical record for the retail food establishment; and
- (2) Make a final request that the person in charge sign an acknowledgment receipt of inspectional findings.
- (e) Public information. Except as specified in 20 CAR § 197-202, the regulatory authority shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law.