8-401.10 Establishing Inspection Interval [re- vised by 105 CMR 590.013(A)]
(A) Except as specified in ¶¶ (B) and (C) of this section, the regulatory authority shall inspect a food establishment at least once every 6 months.
(B) The regulatory authority may increase the
interval between inspections beyond 6 months if:
(1) The food establishment is fully operating under an approved and validated HACCP
plan as specified under § 8-201.14 and ¶¶ 8-
103.12(A) and (B);
(2) The FC-regulatory authority may in- crease the interval between inspections be- yond 6 months if the food establishment is assigned a less frequent inspection fre- quency based on a written risk-based inspec- tion schedule approved by the Department that is being uniformly applied throughout the jurisdiction and at least once every 6 months the establishment is contacted by telephone or other means by the FC-regulatory authority to ensure that the establishment manager and the nature of food operation are not changed; provided, however, that the FC- regulatory authority may not increase the in- terval between inspections beyond 6 months for any school kitchen; or
(3) The establishment's operation involves
only coffee service and other unpackaged or
prepackaged food that is not potentially haz- ardous such as carbonated beverages and snack food such as chips, nuts, popcorn, and pretzels.
(C) The regulatory authority shall periodically inspect throughout its permit period a temporary food establishment that prepares, sells, or serves unpackaged potentially hazardous food and that:
(1) Has improvised rather than permanent facilities or equipment for accomplishing func- tions such as handwashing, food preparation and protection, food temperature control, wa- rewashing, providing drinking water, waste retention and disposal, and insect and rodent control; or
(2) Has inexperienced food employees.
Frequency of Inspections: Bed and Break- fasts and School Kitchens [105 CMR 590.013(B)]
(1) Bed and breakfast homes and bed and breakfast establishments holding permits shall be inspected at least once a year and as often as necessary for the enforcement of 105 CMR 590.000.
(2) School kitchens shall be inspected in accor- dance with, and with the frequency required by, state and federal law. Such inspections shall in- clude, but not be limited to, the following:
(a) Not less than two (2) routine inspections per year shall be conducted:
1. At least once every 6 months as re- quired by FC 8-401.10(A), and
2. At least twice during each school year as required by 7 CFR 210.13(b).
(b) An additional school kitchen inspection or investigation shall be conducted whenever the FC-regulatory authority:
1. Receives a public complaint about the school kitchen, or
2. Is notified by the permit holder or the Department that food products used at the school kitchen are the subject of a recall notice.
Frequency of Inspections: Vending Machine Operations [105 CMR 590.013(C)]
Vending machine operations shall be inspected by the Department as often as necessary for the enforcement of 105 CMR 590.000.
8-401.20 Performance- and Risk-Based
Within the parameters specified in § 8-401.10, the regulatory authority shall prioritize, and con- duct more frequent inspections based upon its assessment of a food establishment's history of compliance with this Code and the establish- ment's potential as a vector of foodborne illness by evaluating:
(A) Past performance, for nonconformance with Code or HACCP plan requirements that are criti- cal;
(B) Past performance, for numerous or repeat violations of Code or HACCP plan requirements that are noncritical;
(C) Past performance, for complaints investi- gated 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 ser- vice;
(F) The number of people served; and (G) Whether the population served is a highly susceptible population.
8-402 Access
8-402.11 Allowed at Reasonable Times after Due Notice [revised by 105 CMR 590.013(D)]
No prior notice of an inspection is required so long as the FC-regulatory authority presents offi- cial credentials and provides notice of the pur- pose of, and an intent to conduct, an inspection, the person in charge shall allow the FC-
regulatory authority to determine if the food es- tablishment is in compliance with the federal
1999 Food Code by allowing access to the es-
tablishment, allowing inspection, and providing information and records specified in the federal
1999 Food Code and to which the FC-regulatory
authority is entitled according to law, during the food establishments hours of operation and other reasonable times.
8-402.20 Refusal, Notification of Right to Ac- cess, and Final Request for Access
If a person denies access to the regulatory au- thority, the regulatory authority shall:
(A) Inform the person that:
(1) The permit holder is required to allow ac- cess to the regulatory authority as specified under § 8-402.11 of this Code,
(2) Access is a condition of the acceptance and retention of a food establishment permit to operate as specified under ¶ 8-304.11(F), and
(3) If access is denied, an order issued by the appropriate authority allowing access, he- reinafter referred to as an inspection order, may be obtained according to law; and (B) Make a final request for access.
8-402.30 Refusal, Reporting
If after the regulatory authority presents creden- tials and provides notice as specified under § 8- 402.11, explains the authority upon which ac- cess is requested, and makes a final request for access as specified in § 8-402.20, the person in charge continues to refuse access, the regula- tory authority shall provide details of the denial of access on an inspection report form.
If denied access to a food establishment for an authorized purpose and after complying with § 8- 402.20, the regulatory authority may issue, or apply for the issuance of, an inspection order to gain access as provided in law.