16.15.020 Inspection of Food-Service Establishments

At least once every six (6) months, the health authority shall inspect each food-service establishment located within the Turtle Mountain Jurisdiction and shall make as many additional inspections and re-inspections as are necessary for the enforcement of this title.

(a) Access to establishments. The health authority, after proper identification, shall be permitted to enter, at any reasonable time, any foodservice establishment within the Turtle Mountain Jurisdiction for the purpose of making inspections to determine compliance with this title. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, and persons employed.

(b) Inspection records; demerit values; demerit scores. Whenever the health authority makes an inspection of a food-service establishment, he shall record his findings on an inspection report form provided for this purpose, and shall furnish the original of such inspection report form to the permit holder or operator. Such form shall summarize the requirements of Chapter 16.09 through Chapter 16.14 of this title and shall set forth demerit point values for each such requirement, in accordance with PHS Form 4006, which is a part of this section. Upon completion of an inspection, the health authority shall total the demerit point values for all requirements in violation, such total becoming the demerit score for the establishment.

(c) Issuance of notices. Whenever the health authority makes an inspection of a food-service establishment and discovers that any of the requirements of Chapter 16.09 through Chapter 16.14 of this title have been violated, he shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the health authority shall:

(1) Set forth the specific violation found, together with the demerit score of the establishment.

(2) Establish a specific and reasonable period of time for the correction of the violations found, in accordance with the following provisions:

(A) When the demerit score of the establishment is 20 or less, all violations of 2 or 4 demerit points must be corrected by the time of the next routine inspection; or

(B) When the demerit score of the establishment is more than 20 but not more than 40, all items of 2 or 4 demerit points must be corrected within a period of time not to exceed thirty (30) days; or

(C) When one (l) or more 6 demerit point items are in violation, regardless of demerit score, such items must be corrected within a period of time not to exceed ten (10) days.

(D) When the demerit score of the establishment is more than 40, the permit is immediately suspended.

(E) In the case of temporary food-service establishments, violations must be corrected within a specified period of time not to exceed twenty-four (24) hours. Failure to comply with such notice shall result in immediate suspension of the permit.

(3) State that failure to comply with any' notice issued in accordance with the provisions of this title may result in immediate suspension of the permit (or the establishment downgraded).

(4) State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the health authority within the period of time established in the notice for correction.

(d) Service of notices. Notices provided for under this section shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the health authority.

(e) Grading of food-service establishments. Every food-service establishment within the Turtle Mountain Jurisdiction shall display, in a place designated by the health authority, a placard approved by the health authority stating the grade received at the time of the most recent inspection of the establishment: Provided, that temporary food-service establishments shall not be subject to grading.

(1) Grades of establishments shall be as follows:

(2) Grade A. An establishment having a demerit score of not more than 10.

(3) Grade B. An establishment having a demerit score of more than 10 but not more than 20.

(4) Grade C. An establishment having of more than 20 but not more than a demerit score 40.

Notwithstanding the grade criteria established above, whenever a second consecutive violation of any item of 2 or 4 demerit points is discovered, the permit may be suspended (Section 16.15.010(b) or in lieu thereof, the establishment shall be downgraded to the next lower grade.

Immediately following each inspection, the health authority shall post the appropriate grade based upon the inspection findings and shall issue an appropriate notice in accordance with Section 16.15.020(c)(2)(C) of this title.

The permit holder or operator of any establishment, the grade of which has been lowered, may at any time request an inspection for the purpose of re-grading the establishment. Within ten (10) days following receipt of a request including a signed statement that the conditions responsible for the lowering of the grade have, in the applicant's opinion, been corrected, the health authority shall make an inspection and thereafter as many additional inspections as he may deem necessary to assure himself that the applicant is complying with the higher grade requirements; and, if the findings indicate compliance, shall award the higher grade.