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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 25. FOOD OPERATIONS AND COMMUNITY HYGIENE FACILITIES |
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SubTilte 25-A. FOOD AND FOOD OPERATIONS |
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Chapter 25-A44. INSPECTION AND CORRECTION OF VIOLATIONS |
Section 25-A4408. IMMINIENT HEALTH HAZARD - CEASING OPERATIONS AND EMERGENCY REPORTING
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4408.1A licensee shall immediately discontinue operations and notify the Department whenever any of the following conditions occur:
(a)Operating a food establishment with extensive fire damage that affects the establishment’s ability to operate in compliance with this Code; P
(b)Operating a food establishment with a flood or serious flood damage that affects the establishment’s ability to operate in compliance with this Code; P
(c)Operating a food establishment with an extended interruption of electrical services that affects the establishment’s ability to operate in compliance with this Code; P
(d)Operating a food establishment with an interruption of water service resulting in insufficient capacity to meet water demands throughout the establishment; P
(e)Operating a food establishment with a sewage backup; P
(f)Misuse of poisonous or toxic materials; P
(g)Onset of an apparent foodborne illness outbreak; P
(h)Operating a food establishment with gross insanitary occurrence or condition or other circumstances that may endanger public health including but not limited to an infestation of vermin; P
(i)Operating without a valid Certificate of Occupancy; P
(j)Failing to minimize the presence of insects, rodents, or other pests on the premises in violation of § 3210.1(a) through (d); P or
(k)The Department determines through an inspection, or examination of records or other means as specified in § 4402.1(a) through (c) the existence of any other condition which endangers the public health, safety, or welfare, including but not limited to: P
(1)Operating a food establishment without a license in violation of § 4300.1; P
(2)Operating a food establishment with an expired license in violation of § 4300.2; P
(3)Operating a food establishment with a suspended license in violation of §§ 4300.3 and 4718; P
(4)Failure of licensee to employ a full-time person-in-charge who is a certified food protection manager recognized by the Department in violation of §§ 203.1 and 203.3; P
(5)Failure of licensee to employ a full-time person-in-charge who is a certified food protection manager recognized by the Department and who is present at the food establishment during all hours of operation in violation of §§ 200.3, 200.4, and 203; P
(6)Failure of licensee to employ a full-time person-in-charge who is a certified food protection manager recognized by the Department and who is able to demonstrate knowledge in violation of § 201; P
(7)Selling, exchanging or delivering, or having in his or her custody or possession with the intent to sell or exchange, or expose, or offer for sale or exchange, any article of food which is adulterated in violation of D.C. Official Code § 48-101 (2009 Repl.); P
(8)Operating a food establishment with no hot water in violation of § 2305; P
(9)Operating with incorrect hot or cold holding temperatures for potentially hazardous foods that do not comply with this Code and that cannot be corrected during the course of the inspection in violation of Chapter 10; P
(10)Operating a food establishment with six (6) or more critical violations that cannot be corrected on site during the course of the inspection; P
(11)Failing to hire a D.C. licensed Pesticide Operator/contractor in violation of § 3210.2; P
(12)Failing to allow access to the Department’s representatives during the food establishment’s hours of operation and other reasonable times as determined by the Department in violation of § 4402.1; P
(13)Hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of D.C. Official Code § 48-108 (2009 Repl.); P or
(14)Failing to designate a non-smoking area in a restaurant with a capacity of 50 or more in violation of D.C. Official Code §§ 7- 1703.01(a) or (b) (2008 Repl.). P
(l)The Department shall also determine through an inspection, or examination of records or other means as specified in § 4402.1(a) through (c) the existence of additional conditions which endanger the public health, safety, or welfare, including but not limited to: P
(1)Operating as a food vendor without a license in violation of § 3700.1;
(2)Operating as a food vendor with an expired license in violation of § 3700.2; P
(3)Operating as a food vendor with a suspended license in violation of §§ 3700.3 and 4718; P
(4)Operating as a food vendor without a Food Protection Manager Certificate and a DOH-Issued Certified Food Protection Manager Identification Card in violation of §§ 203 and 3700.2; P
(5)Operating a mobile food unit without a valid Health Inspection Certificate issued by the Department in violation of § 3706.1; P
(6)Possessing, preparing or vending any food requiring further processing from its original state aboard a mobile food unit without meeting the requirements of §§ 3700.6 and 3701, and this Code; P
(7)Operating a depot, commissary or service support facility that services a mobile food unit without a valid license to operate issued by the Mayor in violation of §§ 3700.7 and 4300.1; P
(8)Operating a depot, commissary or service support facility that services a mobile food unit with a license that has been suspended for violations of this chapter and applicable provisions of this Code; P
(9)Using a deep fryer or other cooking equipment that requires a hood suppression system, except with the written approval of the District of Columbia Fire and Emergency Medical Services Department; P
(10)Possessing, preparing, selling, offering to sale, or giving away any food requiring further processing from its original state without the submission of a HACCP Plan, Parasite Destruction Letter, or Risk Control Plan depending on the food and/or process as requested by the Department; P
(11)Operating a mobile food unit without a current motor vehicle registration that is conspicuously displayed on the mobile food unit in violation of § 3713.1(h). P
(12)Selling, exchanging or delivering, or having in his or her custody or possession with the intent to sell or exchange, or expose, or offer for sale or exchange, any article of food which is adulterated in violation of D.C. Official Code § 48-101 (2009 Repl.); P
(13)Operating a mobile food unit, depot, commissary or service support facility that services a mobile food unit with no hot water in violation of § 2305; P
(14)Operating with incorrect hot or cold holding temperatures for potentially hazardous foods that do not comply with this Code and that cannot be corrected during the course of the inspection in violation of Chapter 10; P or
(15)Hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of D.C. Official Code § 48-108 (2009 Repl.). P
(m)The Department shall also determine through an inspection, or examination of records or other means as specified in § 4402.1(a) through (c) the existence of additional conditions which endanger the public health, safety, or welfare, including but not limited to: P
(1)Operating as a caterer without a license in violation of § 3900.1;
(2)Operating as a caterer with an expired license in violation of § 3900.2; P
(3)Operating as a caterer with a suspended license in violation of §§ 3900.3 and 4718; P
(4)Failure of caterer to use transport containers capable of maintaining proper temperatures in accordance with Chapters 6 through 13 when transporting and holding potentially hazardous food (time/ temperature control for safety food); P
(5)Failure of catered establishment that receives food from a licensed caterer or licensed food establishment to obtain a “Food Establishment License” with the proper licensure notations as specified in §§ 4000.1(a), 4002.1(a), 4003.1(a), 4004.1(a), and 4300.1 through 4300.3; P
(6)Failure of catered establishment to maintain a current copy of its contract with the licensed caterer or licensed food establishment on the premises for review by the Department as specified in §§ 4000.2(a) through (f); P
(7)Failure of catered establishment that prepares and serves potentially hazardous foods (time/ temperature control for safety food) on the premise to comply with this chapter and all applicable provisions of this Code;
(8)Failure of catered establishment that prepares and serves potentially hazardous foods (time/ temperature control for safety food) on the premises to comply with this chapter and all applicable provisions of this Code;
(9)Failure of catered establishment to remove potentially hazardous food (time/ temperature control for safety food) from transport containers and store in an approved refrigerator until served;
(10)Failure of catered establishment to maintain potentially hazardous food (time/ temperature control for safety food) kept in the transport containers at proper temperatures in accordance with Chapters 6 through 13; P
(11)Failure of catered establishment to serve milk in original individual commercially filled containers received from the distributor, or from an approved bulk milk dispenser, or poured from a commercially filled container of not more than one gallon (1 gal.) capacity;
(12)Failure of catered establishment to immediately refrigerate milk served in original individual commercially filled containers received from the distributor, or from an approved bulk milk dispenser, or poured from a commercially filled container of not more than one gallon (1 gal.) capacity when not in use. P
(13)Failure of catered establishment to have a certified food protection manager on site during periods in which food is received and served; P
(14)Selling, exchanging or delivering, or having in his or her custody or possession with the intent to sell or exchange, or expose, or offer for sale or exchange, any article of food which is adulterated in violation of D.C. Official Code § 48-101 (2009 Repl.); P
(15)Operating a catered establishment with no hot water in violation of § 2305; P
(16)Operating a catered establishment with incorrect hot or cold holding temperatures for potentially hazardous foods that do not comply with this Code and that cannot be corrected during the course of the inspection in violation of Chapter 10; P
(17)Failing to allow access to Department representatives during the food establishment’s hours of operation and other reasonable times as determined by the Department in violation of § 4402.1; P or
(18)Hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of D.C. Official Code § 48-108 (2009 Repl.). P