I'm wondering if this section is the reason for the over-reach????
46.1121. Facility and operating plans.
(a) When plans are required. A retail food facility licensing applicant or retail food facility operator shall have plans and specifications reviewed by the Department or licensor and shall submit these properly prepared plans and specifications (as described in subsection (b)) to the Department or licensor for review and approval using the procedure described in § 46.1142 (relating to application procedure for appropriate license) before any of the following:
(1) The construction of a retail food facility.
(2) The conversion of an existing structure for use as a retail food facility.
(3) The remodeling of a retail food facility (including installation and use of any new major food equipment for heating, cooling, and hot and cold holding food) or a change of type of retail food facility or food operation if the Department or licensor determines that plans and specifications are necessary to ensure compliance with this chapter.
(4) A change of ownership of a retail food facility.
(b) Contents of the plans and specifications. The plans and specifications for a retail food facility shall include (as required by the Department or licensor based on the type of operation, type of food preparation and foods prepared) the following information to demonstrate conformance with this chapter:
(1) Intended menu and consumer advisory intentions, if a consumer advisory is required under Subpart 3-603 of the Model Food Code, regarding consumer advisory, for animal foods that are raw, undercooked or not otherwise processed to eliminate pathogens.
(2) Anticipated volume of food to be stored, prepared and sold or served.
(3) Proposed layout, mechanical schematics, construction materials and finish schedules.
(4) Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities and installation specifications.
(5) Source of water supply, means of sewage disposal and refuse disposal.
(6) An HACCP plan, if required under § 46.1122 (relating to HACCP plans).
(7) Other information that may be required by the Department or licensor for the proper review of the proposed construction, conversion or modification of a retail food facility, and requested by the Department or licensor in writing.