Fremont Municipal Code Art. V Inspection of Food Establishments

(a) The health officer shall annually inspect each food establishment in the city which has a valid annual food establishment permit granted and issued by the health officer pursuant to Article II of this chapter; provided, that being dependent upon available time and staff assistance, the health officer may make the annual inspection of any such food establishment at any time between nine and 15 months after the last preceding annual inspection.

(b) The health officer shall also make as many other inspections and reinspections of each food establishment as are necessary for the enforcement of this chapter, regardless of whether or not the food establishment has a valid permit. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4500.)

(a) The health officer, after proper identification, shall be permitted to enter, at any reasonable time, any food establishment within the city for the purpose of making inspections to determine compliance with the requirements of this chapter.

(b) The health officer shall be permitted to examine the records of the food establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, and persons employed at the food establishment.

(c) When inspection of a vending machine by the health officer is required, the permit holder or manager or operator thereof, or a duly authorized agent, shall be present at the time and place specified by the health officer for such inspection, and shall open the vending machine for such inspection. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4501.)

Whenever the health officer makes an inspection of a food establishment, he/she shall record his/her findings on an inspection report, and shall give notice of his/her findings by furnishing the original or duplicate original of such inspection report to the permit holder or operator or manager or other person in charge at the food establishment. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4502.)

(a) Food at any food establishment may be examined or sampled by the health officer as often as may be necessary to determine freedom from adulteration or misbranding.

(b) The health officer may, without prior written notice, place a written hold order on any food which he/she determines, or has probable cause to believe, to be unwholesome or otherwise adulterated or misbranded.

(c) The health officer shall, in addition to such hold order, give written notice of such hold order by means of an inspection report or notice of violation.

(d) Under hold order, food shall be permitted to be suitably stored. No person shall remove or alter a hold order on food (or tag or other notice placed in connection with such hold order) by the health officer, and neither such food nor the containers thereof shall be relabeled, or repacked, reprocessed, altered, disposed of, or destroyed without permission of the health officer.

(e) After the permit holder or operator or manager or other person in charge has had an administrative hearing in connection with the hold order or notice of violation, as provided for in Article VII of this chapter, and on the basis of evidence produced at such hearing, or on the basis of the health officer’s examination in the event a written request for a hearing is not received within the time period permitted, the health officer may vacate the hold order, or may by written order direct the permit holder or operator or manager or other person in charge of the food which was placed under the hold order, to denature or destroy such food or to bring it into compliance with the provisions of this chapter. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4503.)

Whenever the health officer makes an inspection of a food establishment and finds that any provision of this chapter has been violated, he/she shall give notice of such violation by means of an inspection report or other written notice. In any such notification, the health officer shall: (a) set forth the specific violation or violations found; (b) establish a specific and reasonable period of time for the correction of the violation or violations found (in the case of temporary food establishments, violations must be corrected within a specified period of time not to exceed 24 hours); (c) state that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit; (d) state that an inspection fee of $25.00 will be required to be paid for each subsequent inspection which results in the health officer finding that the violation or violations has or have not been corrected; and (e) state that an opportunity for an administrative hearing before the health officer will be provided to consider any objection to the inspection findings if a written request by the permit holder or manager or operator for such a hearing is filed with the health officer within five days of such notice. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4504.)

(a) Whenever an inspection by the health officer is made subsequent to an initial inspection which resulted in a notice of violation being given pursuant to Section 8.50.260, and the health officer finds at such subsequent inspection or inspections that the violation or violations which were set forth in the notice of violation has or have not been corrected, an inspection fee of $25.00 shall be paid and collected for each such inspection except where a final decision in an administrative review or legal proceeding determines that there was inadequate cause for such inspection or inspections.

(b) The imposition or payment of the fee imposed by this section shall not be deemed to excuse any violation found pursuant to this article or prevent the imposition of any penalty prescribed by this chapter or other provision of law. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4505.)