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RULE §217.72Inspection of Dairy Product Manufacturers

(a) Each dairy product manufacturer located within the State of Texas shall be inspected by the department prior to the issuance of a permit. Following the issuance of a permit, each dairy product manufacturer shall be inspected at least once every three months. When the violation of any of the requirements set forth in §217.74 of this title (relating to Requirements for Milk Plants Producing Dairy Products) are found to exist, the violation will be brought to the attention of the dairy product manufacturer, and a second inspection shall be required after the time deemed necessary to remedy the violation, but not before the lapse of three days. This second inspection shall be used to determine compliance with the requirements of §217.74 of this title. Any violation of the same requirements of §217.74 of this title on the second inspection shall be the basis for permit suspension in accordance with §217.92 of this title (relating to Enforcement) and/or court action.

(b) One copy of the inspection report shall be provided to the operator, or other responsible person and be posted in a conspicuous place on an inside wall of the establishment. The inspection report shall not be defaced and shall be made available to the department upon request. An identical copy of the inspection report shall be filed with the records of the department.

(c) Every dairy product manufacturer, upon the request of the department, shall permit access of officially designated persons to all parts of their establishment or facilities to determine compliance with these rules. A distributor or milk plant operator shall furnish the department, upon request, a true statement of the actual quantities of milk and milk products purchased and sold.

(d) All plans for the construction, reconstruction, or alterations other than those to repair or perform maintenance on existing facilities of a dairy product manufacturer must be submitted to the department for approval before construction is begun.

(e) When a condition is found which constitutes an imminent health hazard, the department shall suspend the permit immediately. A dairy product manufacturer found violating any requirement must be notified in writing. The requirement of giving written notice shall be deemed to have been satisfied by the handing to the operator, or by the posting, of an inspection report, as required by this section. After receipt of a notice of violation, but before the allotted time has elapsed, the dairy product manufacturer shall have an opportunity to appeal or request an extension of the time allowed for correction.

Source Note: The provisions of this §217.72 adopted to be effective July 4, 2010, 35 TexReg 3038

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