§81.51 Grading of inspection results and posting of grades by certain food service

establishments.

1. Grading. The Department shall establish and implement a system for grading and classifying

inspection results for food service establishments using letters to identify and represent an

establishment's degree of compliance with the provisions of this Code, the State Sanitary Code

and other applicable laws that require such establishments to operate in a sanitary manner so as to

protect public health. The letter "A" shall be the grade representing the highest degree of

compliance with such laws. Subject to the provisions of this section, the Department shall provide

each operating establishment that it inspects with a letter grade card indicating the establishment's

inspection grade, except that no letter grade card shall be provided when the Department orders

an establishment closed after an inspection.

2. Posting. Upon receipt, and except as provided in subdivisions (c) and (e), an establishment

shall conspicuously post a letter grade card so that it is visible to the general public and to patrons

prior to entering the establishment. The letter grade card shall not be defaced, marred,

camouflaged or hidden from public view.

3. Issuance of grade card.

(1) "A" grades. For any establishment receiving an "A" grade, the Department shall provide the

establishment with a letter grade card at the conclusion of the inspection where such grade is

determined. The grade card shall be posted immediately.

(2) Other grades. For any food service establishment receiving a grade lower than an "A," the

Department shall advise the establishment of its inspection grade and the findings upon which it

was based. The Department shall conduct a subsequent inspection of the establishment no sooner

than seven (7) days after the first inspection. At the conclusion of the second inspection, the

Department shall provide the establishment with a letter grade card indicating the inspection

grade that the establishment received on that inspection.

1. Adjudications. After any notice of violation (“NOV”) issued at an inspection at which a letter

grade card was provided to a food service establishment is heard and determined by the Health

Tribunal at the Office of Administrative Trials and Hearings (“OATH”), the Department shall regrade the inspection results taking into account only the violations alleged in the NOV that were

either admitted by the establishment or sustained by a hearing examiner. If re-grading changes

the inspection grade, the Department shall issue the food service establishment a new letter grade

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card that the establishment shall immediately post instead of or in place of the letter grade card

provided by the Department at the conclusion of the inspection resulting in the issuance of the

NOV.

2. When posting may be deferred.

(1) Any food service establishment receiving a grade lower than an “A” at a second inspection

conducted pursuant to subdivision (c) of this section may defer posting the letter grade card

provided by the Department at the conclusion of that inspection until the hearing date scheduled

by the Department. If an establishment chooses to defer posting this letter grade card, the

establishment shall remove any letter grade card that is currently posted, and instead post a sign

provided by the Department advising the public that the establishment’s inspection result is under

review and that the results of the inspection can be obtained from the Department.

(2) If an establishment does not appear at the Health Tribunal at OATH on the date scheduled

for hearing the NOV referred to in subdivision (d), the establishment shall immediately post the

letter grade card issued by the Department at the second inspection conducted pursuant to

subdivision (c). If the establishment appears at the Health Tribunal at OATH on the scheduled

date, but the hearing is unable to proceed for any reason, or if the establishment makes a timely

request for an adjournment and such adjournment is granted, the establishment may continue to

defer posting the letter grade card until the adjourned hearing date. In no event shall an

establishment defer posting its letter grade card after the adjourned hearing date if the

establishment is not able to proceed on such date.

1. Scope and applicability. This section shall not apply to mobile food vending units, mobile

food vending commissaries, temporary food service establishments, food service establishments

operated in or by primary and secondary schools, hospital-operated cafeterias, correctional

facilities, or charitable organizations, including soup kitchens or other prepared food distribution

programs, nor to food service establishments operated by not for profit membership organizations

for service to their members only.

2. No effect on other enforcement. Nothing in this section shall affect the Department's authority

to take any other action necessary to protect the public health or to enforce the provisions of this

Code or any other law or rule applicable to operation of a food service establishment.