Haw. Code R. § 11-50-4 - Permit application, renewal, and HACCP plans

(a) A permit to operate a food establishment, and any renewal of a permit to operate a food establishment, may be issued only after the department receives a complete application on the forms provided by the department, as well as all necessary plans, menus, operating procedures, the required fee, other information deemed necessary to access the operations of the proposed food establishment, and the inspection(s) specified in subsection (i) has been completed, if required by the department.

(b) For any new permit, or the renewal of an existing permit, the applicant shall submit to the department:

(1) A completed application for food establishment permit or application for renewal;

(2) The plans and specifications of the food establishment with an application for plan review, if requested by the department;

(3) A list of food items to be offered by the food establishment, if requested by the department;

(4) A HACCP plan, if requested by the department;

(5) Any documents detailing significant operational or menu changes anticipated or which have already occurred;

(6) Any documents detailing the operational agreement between a food establishment and a support kitchen, if applicable; and

(7) Any other information that may be required by the department for the proper review of the proposed construction, conversion, or modification, and procedures for operating a food establishment.

(c) For changes of ownership of food establishments, the director may issue a permit to a new owner of an existing establishment after:

(1) A completed application for food establishment is submitted;

(2) The required fee is submitted; and

(3) An inspection shows that the establishment is in compliance with this chapter.

(d) The department may decline to act upon any incomplete application. An application shall be deemed complete only when all required and requested information, including the application form, plans, specifications, and other information have been submitted.

(e) Every application shall be signed by a person with authority to represent the food establishment's owner or operator and shall constitute an acknowledgment and agreement, that the applicant, and those the applicant represents, will comply with all the terms and conditions of this chapter,

(f) The department may require the submission of additional information after the application has been submitted and may suspend the processing of the application until such time as the applicant has supplied all required information or otherwise corrected the deficiency.

(g) The failure of the department to act on a completed application within thirty days of the receipt of the application shall be deemed an approval of the application; provided that the applicant has acted in good faith with the application process and has submitted all requested information.

(h) Hazard Analysis and Critical Control Point (HACCP) plan.

(1) A food establishment shall operate in conformance with a HACCP plan approved by the department when:

(A) A variance is required as specified in section 11-50-33(a) (4) (D), 11-50-34(j), or 11-50-46(W)(2);

(B) A variance is requested by the applicant;

(C) The director determines that a HACCP plan is needed based on information submitted pursuant to an application for permit; or

(D) Circumstances discovered during an inspection indicate the need for a HACCP plan.

(2) When the department identifies a health hazard for which a HACCP plan is needed, the owner or operator of a food establishment shall submit for the department's approval plans and specifications that Indicate:

(A) A categorization of the types of potentially hazardous foods (time/temperature control for safety foods) that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the director;

(B) A flow diagram by specific food or risk category type identifying critical control points and providing information on the following:

(i) Ingredients, materials, and equipment used in the preparation of that food; and

(ii) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved;

(C) Food employee and supervisory training plan that addresses the food safety issues of & #9632; concern;

(D) A statement of standard operating procedures for the plan under consideration including clearly identifying:

(i) Each critical control point;

(ii) The critical limits for each critical control point;

(iii) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge;

(iv) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points;

(v) Action to be taken by the person in charge if the critical limits for each critical control point are not met; and

(vi) Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and

(E) Additional scientific data or other information, as required by the director, supporting the determination that food safety is not compromised by the proposal.

(i) The department may conduct inspections to verify that the food establishment is constructed and equipped in accordance with the approved plans and approved modifications of those plans, has established standard operating procedures, and is in compliance with this chapter and other laws.

Notes

Haw. Code R. § 11-50-4

[Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11) Am and Comp 9/1/2017