Food Service Inspection – Inspection Violation Actions

A food service operator shall correct all violations of the Food Code by the time allowed in the inspection report.

Failure to do so results in either summary or progressive enforcement action.

The health department takes summary enforcement action when the violations at issue pose an imminent health hazard. Summary actions include the immediate limitation, suspension, or revocation of a license to protect public health. Imminent health hazards include lack of water or electrical power, an uncontained foodborne illness outbreak, severe pest infestation, a back-up of sewage in the kitchen, fire, flood, etc. When an establishment has one or more of these imminent health hazards, the health department orders the operation closed, and the operation may reopen only after correcting the violations.

The health department pursues progressive enforcement action when the violations do not pose an imminent health hazard. According to the Michigan Administrative Procedures Act, a food service license holder must be given three (3) opportunities to correct violations before his or her license is limited, suspended or revoked:

• Opportunity #1 is to correct violations during the routine and follow-up inspection process. When this fails, the license holder is called to attend an “office conference.”
• Opportunity #2 is to correct violations immediately following the office conference. When this fails, the license holder is called to attend an “informal hearing.”
• Opportunity #3 is to correct violations immediately following the informal hearing. When this fails, the health department limits, suspends, or revokes the food service establishment license. The license holder may request a “formal hearing” before the Genesee County Food Licensing Board of Review to appeal the health department action.