§ 3307. Periodic review of noninspected licensed establishments
(a) The Secretary may cause establishments that are required to be licensed under section 3306 of this title, but exempt from inspection under subdivision 3305(13) of this title, to be periodically reviewed by inspectors to ensure that the provisions of this
chapter and the rules adopted pursuant to this chapter are complied with and that
the public health, safety, and welfare is protected.
(b) Any periodic review shall include an examination of the licensed establishment’s sanitation
practices; sanitation of the areas where meat and poultry products are prepared, stored,
and displayed; the adequacy of any refrigeration system used for meat food products
and poultry products; labeling; and meat food products, or poultry products for wholesomeness
and adulteration. In addition, the inspector conducting the periodic review may conduct
any other examination necessary to ensure compliance with this chapter and the rules
adopted pursuant to this chapter.
(c) The inspector may issue a stop sale or use order for any violation of this chapter,
or of the rules adopted pursuant to this chapter. Any person receiving a stop sale
or use order shall immediately remove the meat, meat food product, or poultry product
from sale, or shall immediately cease to use any equipment or area as directed by
the order until the order is lifted. The inspector may lift a stop sale or use order
once he or she has determined that the violation has been corrected. Any person receiving
a stop sale or use order may appeal the decision to the Secretary within five days
of receiving the order.
(d) After discovery of a violation of this chapter, or the rules adopted pursuant to this
chapter, the Secretary may take any additional action against the licensed establishment
that he or she deems appropriate, including instituting a proceeding under subsection 3306(e) of this title and causing a civil, equitable, or criminal court proceeding to be brought against
the licensed establishment.
(e) The Secretary may adopt all rules necessary to implement and enforce the licensing
and periodic review provisions of the chapter, which may include minimum standards
for sanitation, refrigeration, labeling, wholesomeness, adulteration, and such other
rules as the Secretary deems necessary. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 137, eff. July 1, 2022.)