Section 25-A4401. FREQUENCY - PERFORMANCE AND RISK- BASED FACTORS

 

4401.1Within the parameters specified in § 4400, the Department shall prioritize, and conduct more frequent inspections based upon its assessment of a food establishment's history of compliance with this Code and the establishment's potential as a vector of foodborne illness by evaluating: 

 

(a)Past performance, for nonconformance with this Code or HACCP Plan  requirements that are priority items or priority foundation items;

 

(b)Past performance, for numerous or repeat violations of this Code or  HACCP Plan requirements that are core items;

 

(c)Past performance, for complaints investigated and found to be valid;

 

(d)The hazards associated with the particular foods that are prepared, stored,  or served;

 

(e)The type of operation including the methods and extent of food storage,  preparation, and service;

 

(f)The number of people served; and

 

(g)Whether the population served is a highly susceptible population. 

 

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, 6354 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).