1. A. If the regulatory authority has reasonable cause to believe that a manufactured food facility is creating or maintaining a public health nuisance or imminent health hazard, the regulatory authority shall order the licensee to discontinue the activity and abate the public health nuisance. Depending on the regulatory authority’s determination, the facility may be required to have a follow-up inspection within 12 months.

2. B. The regulatory authority shall serve the licensee a written notice of the infringing activity causing the public health nuisance or imminent health hazard at the manufactured food facility and to correct the public health nuisance or imminent health hazard at the licensee’s expense within 24 hours after the notice from the regulatory authority. The notice shall contain the following:

   1. 1. A reference to the statute or rule that is alleged to have been violated or on which the written notice is based,
   2. 2. A description of the licensee’s right to request a hearing, and
   3. 3. A description of the licensee’s right to request an informal settlement conference.
3. C. The regulatory authority shall serve the written notice in subsection (B) and any subsequent notices by personal delivery or certified mail, return receipt requested, to the licensee or other party’s last address of record with the regulatory authority or by any other method reasonably calculated to effect actual notice on the licensee or other party.
4. D. The licensee or designated party may appeal the written notice by submitting a written notice of appeal to the regulatory authority within 30 days of receiving the written notice. The notice must be served to the regulatory authority through personal delivery, certified mail (return receipt requested), or any other method that ensures the authority is properly notified.

5. E. If a notice of appeal is filed within 30 calendar days, the regulatory authority shall do one of the following:

   1. 1. If the regulatory authority is the Department, a local health department, or public health services district, to which the duty to comply with A.R.S. Title 41, Chapter 6, Article 10 has been delegated, the notification and hearing shall comply with A.R.S. Title 41, Chapter 6, Article 10 and any rules promulgated by the Office of Administrative Hearings; or
   2. 2. For all other regulatory authorities, the notification and hearing shall comply with the procedures adopted by a county board of supervisors as required by A.R.S. § 36-183.04.
6. F. If no written notice of appeal is filed within 30 calendar days, the written notice shall become final without further proceedings.
7. G. The regulatory authority shall inspect the manufactured food facility with the written notice. If the regulatory authority determines upon inspection that the licensee has not ceased the activity and abated the public health nuisance, the regulatory authority shall cause the public health nuisance to be removed, regardless of whether the licensee is appealing the written notice.
8. H. If the licensee fails or refuses to comply with the written notice after a hearing has upheld the written notice or after the time to appeal the written notice has expired, the regulatory authority may file an action against the licensee in the local court system in which the violation occurred, requesting that a permanent injunction be issued to restrain the licensee from engaging in further violations as described in the written notice.

Historical Note

Adopted effective October 9, 1998 (Supp. 98-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 2056, effective March 31, 2002 (Supp. 02-2). New Section made by final rulemaking at 32 A.A.R. 488 (February 27, 2026, Issue 9), effective April 6, 2026 (Supp. 26-1).