Section 25-B3200. ACCESS - DEPARTMENT RIGHT OF ENTRY, DENIAL

 

3200.1After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance with this Code, the applicant, licensee or dealer shall allow the Department access to any part, portion or area of a food processing operation.

 

3200.2The Department may enter and inspect all aspects of a food processing operation, including, but not limited to its vehicles, equipment, refrigerated lockers, finished and unfinished materials, containers, labeling, and advertisements, at any time for one or more of the following purposes:

 

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

 

(b)To investigate an emergency affecting the public health if the food processing operation is or may be involved in the matter causing the emergency;

 

(c)To investigate, examine and sample food; and

 

(d)To obtain information, and examine and copy all records on the premises relating to food purchased, received, processed, packaged, or used by a food processing operation.

 

3200.3If a person denies the Department access to any part, portion, or area of a food processing operation, the Department shall inform the individual that:

 

(a)The applicant, licensee or dealer is required to allow access to the Department as specified in section 3200.1;

 

(b)Access is a condition of the receipt and retention of a license or dealer certification as specified in section 3108.6;

 

(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.

 

3200.4If the Department presents credentials and provides notice as specified in section 3200.1, explains the authority upon which access is requested, and makes a final request for access as specified in section 3200.3, and the applicant, licensee or dealer continues to refuse access, the Department shall provide details of the denial of access on the inspection report.

 

3200.5If the Department is denied access to a food processing operation for an authorized purpose, after complying with sections 3200.1 through 3200.3, the Department may:

 

(a)Summarily suspend a license or dealer certification issued to the food processing operation in accordance with sections 3516;

 

(b)Revoke or suspend a license or certification issued to the food processing operation in accordance with section 3521; or

 

(c)Request that the Office of the Attorney General for the District of Columbia commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court, to enforce this Code in accordance with section 8a(1) of An Act Relating to the adulteration of food and drugs in the District of Columbia, effective May 2, 2002 (D.C. Law 14-116; D.C. Official Code § 48-108.01(1)).

 

source

Final Rulemaking published at 56 DCR 5245 (July 3, 2009).