10.15.04.23

.23 Inspections.

A. The person-in-charge shall permit a representative of the approving authority to:

(1) Enter a food processing plant at a reasonable time for the purpose of making inspections to determine compliance with this chapter; and

(2) Examine the records of the facility that pertain to information regarding food and supplies purchased, received, or used.

B. The person-in-charge shall inform the approving authority of a food ingredient or a recipe that the person-in-charge considers a trade secret, except as provided in §C of this regulation.

C. The person-in-charge shall furnish information to the approving authority regarding a food ingredient or recipe that the person-in-charge considers a trade secret if:

(1) An immediate and substantial danger to public health exists involving the food ingredient or recipe; or

(2) The approving authority determines that the information about the food ingredient or recipe is necessary to conduct a foodborne disease investigation.

D. The person-in-charge shall ensure that:

(1) Compliance with this chapter is continuous and not intermittent;

(2) Violations are corrected within the time for correction given by the Department;

(3) When a violation of a critical item exists:

(a) The violation is corrected immediately;

(b) Food processing affected by the critical item violation ceases; or

(c) The food processing plant is closed; and

(4) For a food processing plant that operates seasonally or intermittently, inspection and regulation by the Department is facilitated by notifying the Department of:

(a) The dates and times of operation; or

(b) Information necessary to ensure that the Department has the opportunity to inspect the food processing plant during plant operation.

E. The approving authority shall maintain the confidentiality of trade secret information in accordance with State Government Article, §10-617, and Health-General Article, §21-259, Annotated Code of Maryland.

F. When an inspection of a food processing plant is made, the approving authority shall:

(1) Document:

(a) The inspection results on an inspection report form provided by the Department; and

(b) On the report:

(i) Conditions found that violate the provisions of this chapter; and

(ii) Critical item violations, noted separately from all other violations;

(2) Furnish one copy of the inspection report to the person-in-charge of the plant; and

(3) Make the completed inspection report form available for public disclosure in accordance with State Government Article, §§10-611—10-628, Annotated Code of Maryland.

G. The approving authority shall ensure that a food processing plant is inspected:

(1) As needed for the enforcement of this chapter;

(2) When a shellfish shucker-packer or repacker, at a minimum of 4 times per year;

(3) When a high priority plant, at a minimum of twice per year;

(4) When a moderate priority plant, seasonal plant, or a producer mobile farmerís market unit, at a minimum of once per year; and

(5) When a low priority plant, at a minimum of once every 2 years.