The regulatory authority shall inspect each food establishment based upon an assessment of the food establishment's history of compliance with this chapter and the potential for causing foodborne illness by evaluating:
  (1) past performance, for nonconformance with Food Code or Hazard Analysis Critical Control Point (HACCP) plan requirements that are priority items or priority foundation items;
  (2) past performance, for numerous or repeat violations of code or HACCP plan requirements that are core items;
  (3) past performance, for complaints investigated and found to be valid;
  (4) the hazards associated with the particular foods that are prepared, stored, or served;
  (5) the type of operation including the methods and extent of food storage, preparation, and service;
  (6) the number of people served;
  (7) whether the population served is a highly susceptible population; and
  (8) any other risk factors deemed relevant to the operation by the regulatory authority.

Source Note: The provisions of this §228.244 adopted to be effective August 8, 2021, 46 TexReg 4686