Section 11-50-9 - Placarding(a) Upon completion of an inspectionf the department may post at the food establishment a color coded placard indicating the compliance status of that establishment. The placard shall be posted in a location clearly visible to the general public and patrons entering the food establishment. (1) Clearly visible to the general public and patrons means:(A) Posted in the window of the food establishment within five feet of the main entrance to the establishment;(B) Posted in a display case (such as a menu box) mounted on the outside wall of the food establishment within five feet of the main entrance to the establishment; or(C) In the event that a food establishment is operated in the same building as a separately permitted or licensed business, or in the event that a facility shares common patron entrance with a separately permitted facility or licensed business, or in the event of both, posted in the initial patron contact area; or(D) Posted in any other location approved by the director to ensure proper notice to the general public and patrons.(b) The placard shall not be defaced, marred, camouflaged, hidden, or removed. It shall be unlawful to operate a food establishment unless the placard is posted in accordance with this chapter and tampering of any kind with the placard may result in the immediate suspension of the food establishment permit.(c) A placard shall remain valid from the time of issuance until it is removed or replaced by the department.(d) Placard color coding: (1) A green placard shall indicate: (A) Zero or one critical violation was observed during an inspection, and the critical violation was corrected or mitigated during the inspection; or(B) A follow-up inspection has verified correction of all critical violations;(2) A yellow placard shall indicate one violation as described in paragraph (1)(A) remains uncorrected or two or more critical violations were observed during an inspection and additional corrective action is necessary.(A) A follow-up inspection may be conducted within two business days to ensure all critical violations are corrected or mitigated and remain corrected;(B) The yellow placard shall remain posted until all critical violations are corrected or mitigated to the satisfaction of the director;(3) A red placard shall indicate there is an immediate danger to public health and closure of the food establishment is necessary to protect public health: (A) A red placard may be posted upon a finding by the department that there exists an imminent health hazard which includes, but is not limited to;(i) The department being denied entry into the food establishment or being unable to perform an inspection due to circumstances within the control of the owner or operator or person in charge;(ii) The food establishment having no valid permit to operate issued by the department;(iii) Epidemiological evidence of foodborne illness or disease transmission connected to the food establishment;(iv) An employee of the food establishment who is a carrier of a communicable disease working in a capacity whereby the disease may be transmitted through food;(v) Hot or cold water not available as required;(vi) No power available to operate refrigeration or cooking equipment;(vii) Rodent or vermin infestation;(viii) Sewage overflow or flooding within the establishment;(ix) Any other condition that poses animmediate danger to public health or the environment, as determined by the director;(B) Upon the posting of a red placard, closure of the food establishment shall be effectuated by an immediate suspension of the food establishment permit. (i) The red placard shall indicate that the applicable food establishment permit has been suspended and shall constitute written notice to the owner or operator pursuant to section 11-50-12(c).(ii) The procedures of section 11-50-12(c) shall be applicable and shall govern the disposition of both the red placard and the permit suspension.(e) Critical violations may include, but are not limited to:(1) Employees with communicable diseases, wounds, and rashes;(2) An employee has discharge from the eyes, nose, or mouth; (3) Hands not clean and not properly washed, gloves not used properly;(4) Handwashing facilities not provided, not supplied, not properly operating, or inaccessible;(5) Improper temperature control of potentially hazardous foods;(6) PHF (time/temperature control for safety food) not properly labeled when using time as a public health control;(7) PHF (time/temperature control for safety food) improperly cooled;(8) Improper cooking time and temperatures not adhered to;(9) Improper reheating procedures for hot holding not adhered to;(10) Re-service of returned food;(11) Food contaminated or adulterated; (12) Food-contact surfaces not cleaned and sanitized as required;(13) Improper warewashing procedure;(14) Non-compliance with proper shellfish handling and service;(15) Non-compliance with HACCP plans, specialized process, and variances;(16) Prohibited food offered to highly susceptible population;(17) Hot or cold water not available as required;(18) Sewage and wastewater not properly disposed of;(19) Rodents, insects, birds, or prohibited animals within establishment;(20) Food not protected from cross contamination;(21) Restrictions on eating and the use of tobacco; and(22) Improper storage or use of poisonous or toxic materials.[Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11)