Section 25-A4402. ACCESS AND COMPETENCY OF INSPECTORS - RIGHT OF ENTRY, DENIAL A MISDEMEANOR

 

4402.1After representatives of the Department present official credentials and provide notice of the purpose of, and an intent to conduct an inspection in accordance with this Code, the person in charge shall allow access to the Department during the food establishment's hours of operation and other reasonable times as determined by the Department, for one (1) or more of the following purposes:

 

(a)To determine if the food establishment is in compliance with this Code; 

 

(b)To examine and sample the food; and

 

(c) To obtain information, and examine records on the premises relating to  food purchased, received, or used by the food establishment.

 

4402.2If a person denies access to the Department, the Department shall inform the person that:

 

(a)The licensee is required to allow access to the Department as specified in  § 4402.1;

(b)Access is a condition of the acceptance and retention of a food  establishment license to operate as specified in § 4310.7;

 

(c)If access is denied, an inspection order allowing access may be obtained in  accordance with District law; and  

    

(d)The Department is making a final request for access.

 

4402.3If the Department presents credentials and provides notice as specified in § 4402.1, explains the authority upon which access is requested, and makes a final request for access as specified in § 4402.2, and the person in charge continues to refuse access, the Department shall provide details of the denial of access on an inspection report form.

 

4402.4If denied access to a food establishment for an authorized purpose and after complying with § 4402.2, the Department may issue, or apply for the issuance of, an inspection order to gain access as provided by District law.

 

4402.5An authorized representative of the Department who inspects a food establishment or conducts plan review for compliance with this Code shall have the knowledge, skills, and ability to adequately perform the required duties.

 

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, 6354-55 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).