200 REQUIRED INSPECTIONS – DEPARTMENT RIGHT OF ENTRY

200.1 The operator of a microenterprise home kitchen business shall grant a Department representative access to inspect a microenterprise home kitchen business during the operating hours of the microenterprise home kitchen to conduct an inspection to ensure compliance with §§ 101.2, 204, 205, 206, and 207 through 219:

(a) Scheduled preoperational inspections, including any needed follow-up preoperational inspections;

(b) Compliance inspections, with reasonable advance notice of the inspection, to determine if the microenterprise home kitchen business is complying with these regulations; and

(c) Unannounced inspections when the Department has a valid reason to investigate conditions that may impact the public’s health, including:

(1) A consumer complaint; or

(2) A reasonable suspicion that a microenterprise home kitchen business:

(A) Poses an imminent health hazard;

(B) Is the source of adulterated food; or

(C) Is the source of an illness outbreak caused by contaminated food.

200.2 The operator of a microenterprise home kitchen business shall not interfere with any inspection conducted by a Department representative.

SOURCE: Final Rulemaking published at 72 DCR 011556 (October 17, 2025).