1. A. The Department incorporates FC Annex 1 in whole, unless otherwise specified:

   1. 1. Section 1, Purpose;
   2. 2. Section 2, Explanation;
   3. 3. Section 3, Principle;
   4. 4. Section 4, Recommendation; and
   5. 5. Section 5, Parts in part.
2. B. In Annex 1, Section 5, the Department does not accept Part 8-911.10(B).

3. C. In addition to Annex 1, Section 5, the Department adds licensure suspension or revocation requirements that:

   1. 1. A REGULATORY AUTHORITY may suspend or revoke a FOOD ESTABLISHMENT license if the license holder:

      1. a. Maintains or engages in a public health nuisance;
      2. b. Falsifies records to interfere with or obstruct an investigation or regulatory process of the REGULATORY AUTHORITY; or
      3. c. Provides false or misleading information to a regulatory authority.

   2. 2. A license revocation or suspension hearing shall be conducted as follows:

      1. a. If a REGULATORY AUTHORITY is the Department, a hearing shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 10;
      2. b. If a REGULATORY AUTHORITY is a public health district, local health department, department of environmental services, or department of environmental quality, the hearing shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 6 or Article 10.

4. D. In addition to Annex 1, Section 5, the Department adds cease and desist requirements that:

   1. 1. If a REGULATORY AUTHORITY determines a FOOD ESTABLISHMENT is creating, maintaining, or engaging a public health nuisance the REGULATORY AUTHORITY shall serve the FOOD ESTABLISHMENT’S license holder a written cease and desist order pursuant to A.R.S. Title 36, Chapter 6, Article 1.
   2. 2. If a written notice of appeal is not provided as specified in A.R.S. § 36-601(B), the cease and desist order shall become final.

Historical Note

Amended effective July 10, 1979 (Supp. 79-4). Section repealed by final rulemaking at 7 A.A.R. 1719, effective October 3, 2001 (Supp. 01-2). New Section made by final rulemaking at 26 A.A.R. 1516, with an immediate effective date of July 8, 2020 (Supp. 20-3).