SECTION 241.59. Inspections

(a) After a certificate is issued, unannounced inspections may be conducted at any time the SSD has a reasonable belief that the business may be in operation, or that molluscan shellfish 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 certificate holder is in compliance with the rules.

(1) When an inspection finds 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 molluscan shellfish handled or processed while the violation exists or existed shall be detained pursuant to Health and Safety Code, §436.028. Further enforcement action may be taken as authorized under this chapter.

(2) When an inspection finds four or more key deficiencies, the dealer shall establish a correction schedule acceptable to the SSD. A 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 an inspection detects other deficiencies or three or fewer key deficiencies, the deficiencies shall be corrected prior to the next routine inspection.

(b) All molluscan shellfish at a certified 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 to the firm.

(d) Any violations of the same rule requirement found on any two consecutive inspections may result in certificate suspension in accordance with §241.60(a) of this title (relating to Enforcement).

(e) Molluscan shellfish inspections and the SSD inspection forms shall comply with the requirements established in the current National Shellfish Sanitation Program.

Source Note: The provisions of this §241.59 adopted to be effective March 20, 2003, 28 TexReg 2346