Subd. 1. Inspections.

It shall be the duty of the commissioner to inspect, or cause to be inspected, every food and beverage service establishment, hotel, motel, lodging establishment, or resort. For the purpose of conducting inspections, the commissioner shall have the right to enter and have access thereto at any time during the conduct of business.

Subd. 2. Inspection frequency.

The frequency of inspections of the establishments shall be based on the degree of health risk.

1. (a) High-risk establishments must be inspected at least once a year.
2. (b) Medium-risk establishments must be inspected at least once every 18 months.
3. (c) Low-risk establishments must be inspected at least once every two years.

Subd. 2a. Risk categories.

1. (a) High-risk establishment. "High-risk establishment" means any food and beverage service establishment, hotel, motel, lodging establishment, or resort that:

   1. (1) serves potentially hazardous foods that require extensive processing on the premises, including manual handling, cooling, reheating, or holding for service;
   2. (2) prepares foods several hours or days before service;
   3. (3) serves menu items that epidemiologic experience has demonstrated to be common vehicles of food-borne illness;
   4. (4) has a public swimming pool; or
   5. (5) draws its drinking water from a surface water supply.

2. (b) Medium-risk establishment. "Medium-risk establishment" means a food and beverage service establishment, hotel, motel, lodging establishment, or resort that:

   1. (1) serves potentially hazardous foods but with minimal holding between preparation and service; or
   2. (2) serves foods, such as pizza, that require extensive handling followed by heat treatment.
3. (c) Low-risk establishment. "Low-risk establishment" means a food and beverage service establishment, hotel, motel, lodging establishment, or resort that is not a high-risk or medium-risk establishment.
4. (d) Risk exceptions. Mobile food units, seasonal permanent and seasonal temporary food stands, food carts, and special event food stands are not inspected on an established schedule and therefore are not defined as high-risk, medium-risk, or low-risk establishments.

Subd. 3. Orders.

When, upon inspection, it is found that the business and property so inspected is not being conducted, or is not equipped, in the manner required by the provisions of this chapter or the rules of the commissioner, or is being conducted in violation of any of the laws of this state pertaining to the business, it is the duty of the commissioner to notify the person in charge of the business, or the owner or agent of the buildings so occupied, of the condition found and issue an order for correction of the violations. Each person shall comply with the provisions of this chapter or the rules of the commissioner. A reasonable time may be granted by the commissioner for compliance with the provisions of this chapter.