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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD
SUBCHAPTER ICOMPLIANCE
RULE §228.248Conditions of Retention, Responsibilities of the Permit Holder

Upon acceptance of the permit issued by the regulatory authority, the permit holder in order to retain the permit shall:

  (1) post the permit in a location in the food establishment that is conspicuous to consumers;

  (2) comply with the provisions of this chapter including the conditions of a granted variance as specified in §228.243(c) and §228.244(b) of this title;

  (3) if a food establishment is required in §228.244(c) of this title to operate under a HACCP plan, comply with the plan as specified in §228.243(c) of this title;

  (4) immediately contact the regulatory authority to report an illness of a food employee as specified in §228.35(2) of this title;

  (5) immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified in §228.252(a) of this title;

  (6) allow representatives of the regulatory authority access to the food establishment as specified in §228.250(b) of this title;

  (7) replace existing facilities and equipment specified in §228.241 of this title with facilities and equipment that comply with this chapter if:

    (A) the regulatory authority directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;

    (B) the regulatory authority directs the replacement of the facilities and equipment because of a change of ownership; or

    (C) the facilities and equipment are replaced in the normal course of operation;

  (8) comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the permit holder's food establishment or in response to community emergencies;

  (9) accept notices issued and served by the regulatory authority according to law;

  (10) be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter or a directive of the regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives; and

  (11) Notify customers that a copy of the most recent establishment inspection report is available upon request by posting a sign or placard in a location in the food establishment that is conspicuous to customers or by another method acceptable to the regulatory authority.


Source Note: The provisions of this §228.248 adopted to be effective October 11, 2015, 40 TexReg 6901

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