1. (a) Prior to the issuance of a permit, and at least once every six months thereafter, the health authority shall inspect all frozen desserts plants within the State of Texas, the products of which are intended for consumption within the State of Texas or its police jurisdiction, and shall make as many additional inspections as are necessary for the enforcement of these sections. If the health authority discovers the violation of any sanitation requirements, he shall make a second inspection after a lapse of such time as he may deem necessary for the defect to be remedied, but not before the lapse of three days, and the second inspection shall be used in determining compliance with the requirements of these sections. Any violation of the same sanitation requirements of these sections on two consecutive inspections shall call for immediate suspension of permit.
2. (b) The original copy of the inspection report shall be posted by the health authority in a conspicuous place upon an inside wall of the frozen desserts plant and said inspection report shall not be defaced or removed by any person except the health authority. Another copy of such inspection report shall be filed with the records of the health authority.
3. (c) Every processor or manufacturer of mix frozen desserts or imitation frozen desserts shall, upon the request of the health authority, permit him access to all parts of the frozen dessert or mix establishment; and shall furnish the health authority, upon his request, for official use only, a true statement of the actual quantities of mix or frozen desserts used or produced, sources of such frozen dessert ingredients or mix, imitation frozen desserts or imitation frozen desserts mix, records of health authority inspections and tests, pasteurization time and temperature records, if applicable, and pertinent information as to persons employed.

Source Note:The provisions of this §217.46 adopted to be effective January 1, 1976.