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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 241SHELLFISH SANITATION
SUBCHAPTER ATEXAS CRABMEAT
RULE §241.4Inspections

(a) After a license is issued, unannounced inspections may be conducted at any time the SSD has reasonable belief that the business may be in operation or that crabmeat may be stored on the premises. Inspections may be made at such frequency as may be necessary to assure that adequate operational and sanitary conditions are maintained, and the license holder is in compliance with these rules.

(b) All crabmeat at a licensed location shall be the responsibility of the dealer at that location for the purposes of these sections.

(c) A copy of the completed inspection form listing written descriptions of the violations observed, along with any necessary explanation, shall be provided by an authorized agent of the department to the most responsible individual present at the firm at the conclusion of the inspection. If a responsible individual is not present, the form will be mailed.

(d) Any violations of the same rule or regulation found on any two consecutive inspections may result in license suspension in accordance with §241.5(a) of this title (relating to Enforcement).

  (1) When an inspection detects a critical deficiency, the violation shall be immediately corrected during that inspection or the plant must immediately cease production affected by the violation. If production affected by the violation does not voluntarily cease, all crabmeat handled or processed while the violation exists or existed shall be detained. Further enforcement action may be taken as authorized under this chapter.

  (2) When an inspection detects four or more key deficiencies, the dealer shall establish a correction schedule acceptable to the SSD. The follow-up inspection shall determine if the violations have been corrected or are being corrected in accordance with the scheduled correction dates noted on the previous inspection report.

  (3) When a routine inspection detects other deficiencies or three or fewer key deficiencies, the deficiencies shall be corrected prior to the next routine inspection.


Source Note: The provisions of this §241.4 adopted to be effective March 20, 2003, 28 TexReg 2345

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