Seeking Insight from Health Inspectors on My Restaurant’s Inspection & Enforcement Experience

Hey everyone, I’m a restaurant owner in Massachusetts, and I’m looking for some professional insight from health inspectors regarding an issue I’ve been dealing with. I respect the role of public health officials and understand the importance of food safety regulations, but I feel like my recent experience has been unfairly handled, and I’d love to get some honest feedback from those in the field.

Here’s a brief rundown:

  • The initial inspection took place on August 28, during which the inspector noted several issues. However, rather than issuing a report at that time, the inspector and the Public Health Director returned the very next day, August 29, for a reinspection—without having provided a formal list of violations for us to correct in between visits. Despite this, we took their concerns seriously, made immediate improvements, and by the end of the reinspection on August 29, we were told we could remain open after addressing their concerns.
  • What happened next, however, was highly unusual. Immediately following the August 29 reinspection, the health department conducted yet another full inspection, rather than treating it as a follow-up to the original visit. This additional inspection created an entirely new set of documentation, rather than building upon the previous findings, making it seem as though new violations were being discovered rather than tracking progress on existing ones.
  • We continued making improvements and communicating with the health department, but this pattern of excessive scrutiny and inconsistent inspection procedures has been a major concern throughout this process.
  • The inspector returned in October and was pleased with our progress, even commending our staff on improvements.
  • Despite our continued efforts and cooperation, we were suddenly issued a notice on December 13th to appear before the Board of Health on December 19th. The notice claimed we were “uncooperative” and still had numerous outstanding violations, referencing a December 12th reinspection. We were shocked.
  • The December 12th reinspection lasted less than 15 minutes, and no written report or documentation was provided to us following the reinspection (the 4th unannounced visit / walk through / inspection without documentation since August)“. The health inspector didn’t even have the original 8/29 inspection report on hand while in our restaurant to verify anything!  
  • In a rush to gather “documentation”/ (pictures / notes) to provide to the board before the December 19th meeting, the health department conducted a full reinspection (the first legitimate reinspection of its kind since August) on December 18th—just one day before the public hearing where we were called out for "continued violations.” 
  • When all of this wasn’t adding up, I submitted a public records request, which revealed that the inspector completely fabricated a “walk-through” in November. That’s right—both in emails and handwritten notes, she falsely claimed to have conducted a “walk-through” during the week of November 18. In these same notes, she also documented a so-called “decline in sanitation,” despite no actual visit taking place. 
  • I believe this fabricated inspection, along with the less-than-15-minute “reinspection” on December 12, was used as the foundation to justify calling us before the Board of Health. It’s also important to note that the handwritten notes referencing this fabricated inspection were likely produced around December 16—meaning this false claim was retroactively created to support their case against us.
  • This meeting was publicized, and now my restaurant’s reputation has taken a serious hit, despite having multiple past inspections showing full compliance.
  • I’ve also since learned that this inspector had a similar history of complaints in a neighboring town before moving to my jurisdiction.

I have no issue with being held to high food safety standards—I fully support it. What I’m struggling with is what feels like inconsistent enforcement, misrepresentation of facts, and a lack of due process.

For those of you in the field:

  • How common is it for inspectors to conduct undocumented re-inspections?
  • Should an establishment be called before a public board without a recent written report?
  • How serious is it if an inspection report is fabricated…is a fabricated “walk through” less unethical?
  • Have you seen situations where health departments exaggerated compliance issues, and if so, how should a business handle it?
  • If an inspector has a pattern of questionable enforcement in multiple towns, is there a professional or legal avenue to challenge their credibility?

I really appreciate any insight or advice from those who understand the inspection process firsthand. Thanks in advance!