(a) Prior to the issuance of a permit, and at least once every three months thereafter, the department shall inspect all frozen desserts plants within the State of Texas, the products of which are intended for consumption within the State of Texas, and shall make as many additional inspections as are necessary for the enforcement of these rules. If the department representative discovers the violation of any sanitation requirement, a representative shall make a second inspection after a lapse of such time as the representative may deem necessary for the defect to be remedied, but not before the lapse of three days. The second inspection shall be used in determining compliance with these regulations. Any violation of the same sanitation requirement of these regulations on two consecutive inspections shall be the basis for immediate suspension of permit.
(b) The original copy of the inspection report shall be posted by the department in a conspicuous place upon an inside wall of the frozen desserts plant and said inspection report shall not be defaced or removed by any person except the department. Another copy of such inspection report shall be filed with the records of the department.
(c) Every processor or manufacturer of mix or frozen desserts shall permit upon request a department representative access to all parts of the frozen dessert or mix establishment; and shall furnish the department, upon request, a true statement of the actual quantities of mix or frozen desserts used or produced.

Source Note: The provisions of this §217.44 adopted to be effective July 4, 2010, 35 TexReg 3038