Rule 40-2-16-.04. Inspection and Correction of Violations

1. (1) Inspection Interval. Inspections shall be conducted as often as the Department deems necessary to ensure compliance with these regulations and at a minimum inspection frequency as established by Departmental policies and directives.
2. (2) Access Allowed After Due Notice. After the Department presents official credentials and provides notice of the purpose of and an intent to conduct an inspection, the permit or license holder must allow the Department to determine if the dairy farm is in compliance with these regulations by allowing access to the premises, allowing inspection which may include product and environmental sampling, and providing information and records specified in these regulations and to which the Department is entitled according to law, during the dairy farm's normal hours of operation and at other reasonable times.

3. (3) Refusal and Inspection Orders. The permit or license holder is required to allow access to the Department as specified under law and these regulations.

   1. (a) Access is a condition of the acceptance and retention of a permit or license to operate a raw milk for human consumption dairy farm as specified under 40-2-16-.03(6)(c), and
   2. (b) If access is denied, an inspection warrant may be obtained pursuant to O.C.G.A. § 2-2-11.

4. (4) Time Frame for Corrections. The Department shall specify on an inspection report form the time frame for correction of violative conditions noted.

   1. (a) Except as specified in subparagraph (b), the permit or license holder must at the time of inspection correct a violation of these regulations whose purpose contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury.

   2. (b) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the Department may agree to or specify a longer time frame, not to exceed:

      1. 1. Seventy-two (72) hours after the inspection, for the permit or license holder to correct violations of a critical nature; or
      2. 2. Ten (10) calendar days after the inspection, for the permit or license holder to correct violations regarding incorporation of specific actions, equipment or procedures to attain control of risk factors that contribute to foodborne illness or injury, such as personnel training, infrastructure or necessary equipment, documentation or record keeping, and labeling.
   3. (c) Except as specified in subparagraph (d), the permit or license holder must correct non-critical violations by a date and time agreed to or specified by the Department but no later than ninety (90) calendar days after the inspection. Examples of non-critical violations include general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.
   4. (d) The Department may approve a compliance schedule that extends beyond the time limits specified under subparagraph (c) if a written schedule of compliance is submitted by the permit or license holder and no health hazard exists or will result from allowing an extended schedule for compliance.
5. (5) Ceasing Operations and Reporting. A permit or license holder must immediately discontinue operations and notify the Department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.
6. (6) Resumption of Operations. If operations are discontinued as specified under paragraph (5) above or otherwise as according to law, the permit or license holder must obtain written approval from the Department before resuming operations.

Authority: O.C.G.A. § 26-2-450, et seq.

History. Original Rule entitled "Inspection and Correction of Violations" adopted. F. June 9, 2023; eff. July 1, 2023, as specified by the Agency.