Section 25-A4310. CONDITIONS OF RETENTION - RESPONSIBILITIES OF THE LICENSEE

 

4310.1Upon acceptance of the license issued by the Department, the licensee, in order to retain the license, shall comply with §§ 4310.2 through 4310.12.

 

4310.2The licensee shall post a current license, valid Certificate of Occupancy, and a current inspection reports in a location within the food establishment that is conspicuous to consumers as specified in § 4306.3.

 

4310.3The licensee shall comply with the provisions of this Code including the conditions of a granted variance as specified in § 4105 and approved plans as specified in § 4201.

 

4310.4If a food establishment is required in § 4104 to operate under a HACCP Plan, the licensee shall comply with the plan as specified in § 4203.

 

4310.5The licensee shall immediately contact the Department to report an illness of a food employee or conditional employee as specified in § 301.

 

4310.6The licensee shall immediately discontinue operations and notify the Department if an imminent health hazard may exist as specified in § 4408.                                   

 

4310.7The licensee shall allow representatives of the Department access to the food establishment as specified in § 4402.  

  

4310.8The licensee shall replace existing operating systems, equipment, or fixtures approved for use before the effective date of this Code as specified in § 4100, with facilities and equipment that comply with this Code, except as specified in § 4310.9 if:

 

(a)The Department directs the replacement of existing operating systems,  equipment, or fixtures because the operating systems, equipment, or  fixtures constitute a public health hazard or nuisance or no longer comply  with the criteria upon which the operating systems, equipment, or fixtures  were accepted;

 

(b)The Department directs the replacement of the operating systems,  equipment, or fixtures when there is a change of ownership; or

 

(c)The licensee replaces the operating systems, equipment, or fixtures in the  normal course of operation.

 

4310.9The licensee shall comply with directives of the Department including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the Department in regard to the licensee's food establishment or in response to community emergencies.

 

4310.10The licensee shall accept notices issued and served by the Department according to law.

 

4310.11The licensee shall be subject to the administrative, civil, injunctive, and criminal remedies, authorized by An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898, (30 Stat. 246; D.C. Official Code §§ 48-101, et seq. (2009 Repl. & 2011 Supp.)), for failure to comply with this Code or a directive of the Department, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives. 

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627; D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 98-139, dated August 20, 1998, and Mayor’s Order 2002-103, dated June 18, 2002.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6351-52 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).