4100.1 The Department shall use this Code to promote the safeguarding of public health and ensure that food is safe, and not adulterated, misbranded, or falsely advertised when offered to the consumer.

4100.2 In enforcing the provisions of this Code, the Department shall assess existing facilities or equipment that were in use before the effective date of this Code based on the following considerations:

(a) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;

(b) Whether food-contact surfaces comply with Chapter 14;

(c) Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with § 1600;

(d) Whether existing operating systems, equipment, and fixtures comply with this Code; and

(e) The existence of a documented agreement with the licensee that the operating systems, equipment, fixtures, or refrigeration equipment will be replaced as specified in § 4310.8.

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).