Conn. Agencies Regs. § 19a-36h-7 - Enforcement

(a) The director of health shall ensure all food establishments are inspected pursuant to the schedule in section 19a-36j of the Connecticut General Statutes.

(b) A food inspector shall, immediately upon discovering any violations of the Connecticut General Statutes or Regulations of Connecticut State Agencies, as applicable or any provision of the food code, document the violations and order corrective action on the inspection report form. Such documentation shall include specific timeframes for completion of the corrective action if the violation cannot be corrected at the time of the inspection, or documentation that a violation has been corrected.

(c) The owner, operator or person in charge may submit documentation of the completion of corrective action to the food inspector in a form and manner acceptable to the food inspector. Such documentation may include, but not be limited to, photographic evidence of the correction or the owner's or operator's notarized attestation affirming that the required corrective action has been completed.

(d) A food inspector shall ensure the owner, operator or person in charge has corrected any violations in accordance with the specified time frames in the food code and in the form and manner required by the food inspector as documented on the inspection report form. Correction may be verified by reviewing photographic evidence, conducting a re-inspection or upon receiving a notarized attestation from the owner, operator or person in charge affirming that the correction has been completed. The food inspector shall document on the inspection report form how each correction was made for each violation.

(e) A complete inspection may be conducted if deemed necessary by the food inspector based on the nature and number of violations noted on a previous inspection report form, or the inspector's observations at the time of the re-inspection.

(f) If any violations identified by the food inspector have not been corrected within the timeframe provided the following orders may be issued, at the discretion of the director of health, to correct the violations:

(1) Re-issuance of an order to correct the identified violations;

(2) Training of food workers;

(3) Replacement of the person in charge, alternate person in charge, or both;

(4) Development and implementation of a risk control plan;

(5) Increased inspection frequency;

(6) Suspension of the permit or license; or

(7) Another action deemed appropriate by the director of health.

(g) Pursuant to this section, the director of health shall summarily suspend a food establishment's permit or license based upon a finding that an imminent health hazard exists because of gross insanitary conditions, an onset of an apparent foodborne illness outbreak, misuse of poisonous or toxic materials, an emergency such as fire, flood, extended interruption of electrical or water service or sewage backup, or other imperative circumstance that requires emergency action to protect public health, welfare or safety. Upon such finding, the director of health shall issue a written order to the owner, operator or person in charge of the food establishment, without prior warning, notice of a hearing, or a hearing. The order shall include:

(1) A statement communicating that the food establishment permit or license is immediately suspended and that all food operations shall immediately cease;

(2) The reasons for summary suspension with reference to the applicable statutes, regulations and the provisions of the food code that are in violation;

(3) The name and address of the local director of health to whom a written request for reinspection may be made and the person who may certify that reasons for the suspension are eliminated; and

(4) A statement communicating that the owner or operator may request an appeal by submitting a timely request as specified in accordance with section 19a-36l of the Connecticut General Statutes.

(h) The food inspector shall conduct a re-inspection of a food establishment for which the permit or license to operate has been suspended when requested by the owner or operator of the food establishment. Such re-inspection shall be conducted not later than forty-eight hours after the receipt of a written request that specifies how the violations were corrected.

(i) Unless the summary suspension is reversed on appeal, the suspension order shall remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the director of health through re-inspection and other appropriate means.

(j) If there is no appeal pending before the commissioner, and no order has been issued by the commissioner to uphold the suspension or revoke the permit or license, the suspended permit or license shall be reinstated immediately, or immediately following a twenty-four hour minimum closure mandate if the food establishment is located in a town with such local ordinance, if the director of health determines that the public health hazard no longer exists. A notice of reinstatement shall be provided to the owner or operator or person in charge.

(k) The local director of health shall issue an order to close any food establishment that is operating without a permit or license, and any person aggrieved by such order may file an appeal in accordance with section 19a-229 of the Connecticut General Statutes. The food establishment shall not be allowed to reopen until the required facility plans, permit or license application, and other documentation as specified by the director of health have been approved by the director of health and the food establishment is determined to be in compliance with the food code, applicable regulations and Connecticut General Statutes.

Notes

Conn. Agencies Regs. § 19a-36h-7

Effective 2/17/2023