District of Columbia Administrative Code

4404 REPORT OF FINDINGS ─ SPECIFYING TIME FRAME FOR CORRECTIONS 4404.1 The Department shall specify on the inspection report form the time frame for correction of the violations as specified in §§ 4410 and 4412. SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as…

4405 REPORT OF FINDINGS ─ ISSUING REPORT AND OBTAINING ACKNOWLEDGMENT OF RECEIPT 4405.1 At the conclusion of the inspection and according to this Code, the Department shall provide a copy of the completed inspection report and the notice to correct violations to the licensee or t…

4406 REPORT OF FINDINGS ─ REFUSAL TO SIGN ACKNOWLEDGMENT 4406.1 The Department shall inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in § 4405 that: (a) An acknowledgment of receipt is not an agreement with finding; (b) Refu…

4407 REPORT OF FINDINGS ─ PUBLIC INFORMATION, RECORDS RETENTION 4407.1 The Department shall keep and maintain a record of each inspection report, complaint, inspector’s sample reports, license suspension, and other correspondence made of any food establishment within the District…

4408 IMMINIENT HEALTH HAZARD ─ CEASING OPERATIONS AND EMERGENCY REPORTING 4408.1 A licensee shall immediately discontinue operations and notify the Department whenever any of the following conditions occur: (a) Operating a food establishment with extensive fire damage that affect…

4409 IMMINENT HEALTH HAZARD OR VIOLATIONS OF PRIORITY ITEMS OR PRIORITY FOUNDATION ITEMS ─ RESUMPTION OF OPERATIONS 4409.1 If operations are discontinued as specified in § 4408, or because the operation was cited with six (6) or more violations of priority items, or of priority f…

4410 VIOLATIONS OF PRIORITY ITEMS OR PRIORITY FOUNDATION ITEMS ─ TIME FRAME FOR CORRECTION 4410.1 A licensee at the time of an inspection shall correct a violation of a priority item or priority foundation item of this Code and implement corrective actions for a HACCP Plan provis…

4411 VIOLATIONS OF PRIORITY ITEMS OR PRIORITY FOUNDATION ITEMS ─ VERIFICATION AND DOCUMENTATION OF CORRECTION 4411.1 After observing at the time of inspection a correction of a violation of a priority item or priority foundation item or deviation, the Department shall enter the v…

4412 VIOLATIONS OF CORE ITEMS ─ TIME FRAME FOR CORRECTION 4412.1 The licensee shall correct core items by a date and time agreed to or specified by the Department but no later than fourteen (14) calendar days after the inspection, except as specified in § 4412.2. 4412.2 The Depar…

4413 REQUEST FOR REINSPECTION 4413.1 If a license is suspended pursuant to § 4714, Summary License Suspension or § 4719, License Revocation or Suspension because of violations of this Code, the licensee shall: (a) Correct all violations cited in the Notice of Summary Suspension b…

4414 REQUEST FOR REINSPECTION 4414.1 If a license is suspended pursuant to section 4714, Summary License Suspension or section 4719, License Revocation or Suspension because of violations of this Code, the licensee shall submit a written request for reinspection. 4414.2 Upon rece…

4500 INVESTIGATION AND CONTROL ─ OBTAINING INFORMATION, PERSONAL HISTORY OF ILLNESS, MEDICAL EXAMINATION, AND SPECIMEN ANALYSIS 4500.1 The Department shall, when it has probable cause to believe that a food employee or conditional employee has transmitted a disease; may be infect…

4501 INVESTIGATION AND CONTROL ─ RESTRICTION OR EXCLUSION OF FOOD EMPLOYEE OR SUMMARY SUSPENSION OF LICENSE 4501.1 Based on the findings of an investigation related to a food employee or conditional employee who is suspected of being infected or diseased, or a carrier of an infec…

4502 INVESTIGATION AND CONTROL ─ RESTRICTION OR EXCLUSION ORDER WARNING OR HEARING NOT REQUIRED, INFORMATION REQUIRED IN ORDER 4502.1 Based on the findings of the investigation as specified in § 4500 and to control disease transmission, the Department may issue an order of restri…

4503 INVESTIGATION AND CONTROL ─ REMOVAL OF EXCLUSIONS AND RESTRICTIONS 4503.1 The Department shall release a food employee, or conditional employee from restriction or exclusion according to law and the conditions specified in § 307. SOURCE: Final Rulemaking published at 50 DCR …

4600 SERVICE OF NOTICE ─ PROPER METHODS 4600.1 A notice issued in accordance with this Code shall be deemed properly served if it is served by one (1) of the following methods: (a) A Department representative, a law enforcement officer, or person authorized to serve a civil proce…

4601 SERVICE OF NOTICE ─ RESTRICTION OR EXCLUSION, EMBARGO, CONDEMNATION, OR SUMMARY SUSPENSION ORDERS 4601.1 An employee restriction or exclusion order, embargo order, condemnation order, or a summary suspension order shall be: (a) Served as specified in § 4600.1(a); or (b) Clea…

4602 SERVICE OF NOTICE ─ WHEN NOTICE IS EFFECTIVE 4602.1 Service is effective at the time of the notice's receipt or if service is made as specified in § 4601.1(b), at the time of the notice's posting. SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended b…

4603 SERVICE OF NOTICE ─ PROOF OF PROPER SERVICE 4603.1 Proof of proper service may be made by certificate of service signed by the person making service or by admission of a receipt, certificate of mailing or a written acknowledgment signed by the licensee, the person operating …

4700 CRITERIA FOR SEEKING REMEDIES ─ CONDITIONS WARRANTING REMEDY 4700.1 The Department may seek an administrative or judicial remedy to achieve compliance with the provisions of this Code if a person operating a food establishment or food employee: (a) Fails to have a valid lice…

4701 ADMINISTRATIVE ─ EXAMINING, SAMPLING, AND TESTING FOOD 4701.1 The Department may collect, examine sample, and test food, without cost, as necessary to determine compliance with this Code. SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final R…

4702 ADMINISTRATIVE ─ EMBARGO ORDER, JUSTIFYING CONDITIONS AND REMOVAL OF FOOD 4702.1 The Department may embargo, forbid the sale of, or cause to be destroyed, any food that: (a) May be unsafe, adulterated, or not honestly presented; (b) Is not prepared, processed and handled, pa…

4703 ADMINISTRATIVE ─ EMBARGO ORDER, CONTENTS 4703.1 The embargo order notice shall: (a) State that food subject to the order may not be used, sold, moved from the food establishment, or destroyed without a written release of the order from the Department; (b) State the specific …

4704 ADMINISTRATIVE ─ EMBARGO ORDER, OFFICIAL TAGGING OF FOOD 4704.1 The Department shall securely place an official tag or label on the food or containers or otherwise conspicuously identify food subject to the embargo order. 4704.2 The tag or other method used to identify a foo…

4705 ADMINISTRATIVE ─ EMBARGO ORDER, FOOD MAY NOT BE USED OR MOVED 4705.1 A food placed under an embargo order may not be used, sold, served, or moved from the establishment by any person, except as specified in § 4705.2. 4705.2 The Department may allow the licensee the opportuni…

4706 ADMINISTRATIVE ─ EMBARGO ORDER, REMOVING THE OFFICIAL TAG 4706.1 Only the Department may remove embargo order tags, labels, or other identification from food subject to an embargo order. SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Ru…

4707 ADMINISTRATIVE ─ EMBARGO ORDER, DESTROYING OR DENATURING FOOD 4707.1 If an embargo order is sustained pursuant to a hearing or if a timely request for a hearing is not filed, the Department may order the licensee or other person who owns or has custody of the food to bring t…

4708 ADMINISTRATIVE ─ EMBARGO ORDER, WARNING OR HEARING NOT REQUIRED 4708.1 The Department may issue an embargo order to a licensee or to a person who owns or controls the food, as specified in § 4702.1 without prior warning, notice of a hearing, or a hearing on the embargo order…

4709 ADMINISTRATIVE ─ CONDEMNATION ORDER, JUSTIFYING CONDITIONS AND REMOVAL OF EQUIPMENT, UTENSILS, AND LINENS 4709.1 The Department may condemn and cause to be removed any equipment, utensils or linens found in a food establishment, the use of which does not comply with this Cod…

4710 ADMINISTRATIVE ─ CONDEMNATION ORDER, CONTENTS 4710.1 The condemnation order shall: (a) State that the equipment, utensils, or linens subject to the order may not be used, sold, moved from the food establishment, or destroyed without a written release of the order from the De…

4711 ADMINISTRATIVE ─ CONDEMNATION ORDER, OFFICIAL TAGGING OF EQUIPMENT, UTENSILS, AND LINENS 4711.1 The Department shall place a tag or other identification to indicate the condemnation of equipment, utensils, or linens that do not meet the requirements of this Code. 4711.2 The …

4712 ADMINISTRATIVE ─ CONDEMNATION ORDER, REMOVING THE OFFICIAL TAG 4712.1 No person shall remove the tag except under the direction of the Department as specified in § 4712.2. 4712.2 The Department shall issue a notice of release from a condemnation order and shall remove condem…

4713 ADMINISTRATIVE ─ CONDEMNATION ORDER, WARNING OR HEARING NOT REQUIRED 4713.1 The Department may issue a condemnation order to a licensee or to a person who owns or controls the equipment, utensils or linens as specified in § 4709.1 without prior warning, notice of a hearing, …

4714 ADMINISTRATIVE ─ SUMMARY LICENSE SUSPENSION CONDITIONS WARRANTING ACTION 4714.1 The Department may summarily suspend a license to operate a food establishment if it determines through an inspection, or examination of employees, food, food source, records, or other means as s…

4715 ADMINISTRATIVE ─ CONTENTS OF SUMMARY SUSPENSION NOTICE 4715.1 A summary suspension notice shall state: (a) That the food establishment license is immediately suspended and that all operations shall immediately cease; (b) The reasons for summary suspension with reference to t…

4716 ADMINISTRATIVE ─ SUMMARY SUSPENSION, WARNING OR HEARING NOT REQUIRED 4716.1 The Department may summarily suspend a person's license as specified in § 4714 by providing written notice as specified in § 4601 of the summary suspension to the licensee or person in charge, withou…

4717 ADMINISTRATIVE ─ SUMMARY SUSPENSION, TIMEFRAME FOR REINSPECTION 4717.1 After receiving a written request from the licensee stating that the conditions cited in the summary suspension order no longer exists, the Department shall conduct a reinspection of the food establishmen…

4718 ADMINISTRATIVE ─ SUMMARY SUSPENSION, TERM OF SUSPENSION, REINSTATEMENT 4718.1 A summary suspension shall remain in effect until the conditions cited in the summary suspension order no longer exist and elimination of the cited conditions has been confirmed by the Department t…

4719 ADMINISTRATIVE ─ LICENSE REVOCATION OR SUSPENSION 4719.1 Failure to comply with any of the provisions of this chapter shall be grounds for the revocation or suspension of any license issued for a food establishment pursuant to An Act Relating to the adulteration of foods and…

4720 ADMINISTRATIVE ─ CIVIL PENALTIES, CIVIL FINES, AND NOTICES OF INFRACTIONS 4720.1 Civil fines, penalties, or related costs may be imposed against any food establishment, owner, or person in charge for violation of any provision of this Code. 4720.2 The Department may impose p…

4721 JUDICIAL ─ CRIMINAL PENALTIES, INJUNCTIVE RELIEF, AND IMPRISONMENT 4721.1 Any person who knowingly violates any provision of this Code shall, upon conviction, be punished by a fine not to exceed ten thousand dollars ($10,000), imprisonment not to exceed one (1) year or both …

4722 JUDICIAL - CRIMINAL PENALTIES, INJUNCTIVE RELIEF, IMPRISONMENT 4722.1 Any person who knowingly violates any provision of this Code shall, upon conviction, be punished by a fine not to exceed ten thousand dollars ($10,000), imprisonment not to exceed one (1) year or both for …

4800 ADMINISTRATIVE ─ NOTICE REQUEST FOR HEARING, BASIS AND TIME FRAME 4800.1 A person who receives a notice of hearing for an administrative remedy as specified in Chapter 47 and elects to respond to the notice shall file a response to the notice within seven (7) calendar days a…

4801 ADMINISTRATIVE ─ HEARINGS ADMINISTRATION – CONTENTS OF A RESPONSE TO HEARING NOTICE, OR HEARING REQUEST 4801.1 A response to a hearing notice shall be in writing and contain the following: (a) An admission or denial of each allegation of fact; (b) A statement as to whether t…

4802 ADMINISTRATIVE ─ HEARINGS ADMINISTRATION, TIMELINESS 4802.1 The Department shall afford a hearing within seventy-two (72) hours after receiving a written request for a hearing from: (a) A person who is excluded by the Department from working in a food establishment as specif…

4900 JUDICIAL REVIEW ─ APPEALS 4900.1 Any person aggrieved by a final order or decision of the Department may seek judicial review in accordance with the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-510 (2011 …

500 FOOD CONTAMINATION PREVENTION ─ EATING, DRINKING, OR USING TOBACCO 500.1 Persons working in direct contact with food, clean equipment and utensils, and unwrapped single-service and single-use articles shall not: (a) Eat, drink, chew gum, or use any form of tobacco, except in …

501 FOOD CONTAMINATION PREVENTION ─ DISCHARGES FROM THE EYES, NOSE, AND MOUTH 501.1 Food employees experiencing persistent sneezing, coughing, or a runny nose that causes a discharge from the eyes, nose, or mouth shall not work with exposed food, clean equipment and utensils, lin…

502 FOOD CONTAMINATION PREVENTION ─ HAIR RESTRAINTS, EFFECTIVENESS 502.1 Food employees shall wear clean and effective hair restraints, such as hairnets or beard nets, if appropriate, and clothing that covers body hair that are designed and worn to effectively keep hair from cont…

503 FOOD CONTAMINATION PREVENTION ─ ANIMALS, PROHIBITION ON HANDLING 503.1 Food employees shall not care for or handle animals that may be present in the food establishment, such as patrol dogs, or service animals that are allowed as specified in §§ 3214.2(b) through (e). 503.2 F…