An Act To Clarify the State's Authority under Public Health Laws for Municipal Inspections of Establishments
Maine Legislature, Session 125, LD 0869
Committee: Health and Human Services
Sponsors: McCORMICK
Amends: 22 MRSA §2491, 22 MRSA §2499

Legislative Document 
No. 869 
S.P. 273 
In Senate, March 8, 2011 
An Act To Clarify the State's Authority under Public Health Laws 
for Municipal Inspections of Establishments 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator McCORMICK of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2491, sub-§12, as enacted by PL 1975, c. 496, §3, is repealed. 
Sec. 2.  22 MRSA §2491, sub-§17 is enacted to read: 
17.  Health inspector.  "Health inspector" means a person whose education and 
experience in the biological and sanitary sciences quality the person to engage in the 
promotion and protection of the public health. 
Sec. 3.  22 MRSA §2499, as amended by PL 2003, c. 673, Pt. X, §§4 to 6 and c. 
689, Pt. B, §7, is further amended to read: 
§2499.  Municipal inspections 
Notwithstanding any other provisions of this chapter, the department may issue a 
license to the establishments as defined in section 2491 on the basis of an inspection 
performed by an a health inspector who works for and is compensated by the 
municipality in which such establishment is located, but only if the following conditions 
have been met. 
1.  Adopted ordinances; code of standards.  The municipality involved has adopted 
a set of rules and regulations, ordinances or other a code of standards for such the 
establishments which has been approved by the department and which is that are 
consistent with the regulations rules used by the department for the issuance of such 
licenses in effect at the time of inspection. 
2.  Qualified to make inspections.  No A municipal employed sanitarians shall 
health inspector may not make inspections under the provisions of this chapter unless 
certified as qualified by the Commissioner of Health and Human Services. 
3.  Inspection to ascertain intent.  The department may from time to time inspect 
such municipally inspected establishments to ascertain that the intent of these statutes is 
being followed. 
4.  Inspection reports.  The municipalities municipality shall furnish the department 
electronic copies of its inspection reports relating to said inspections on a monthly basis 
in a format and on a schedule determined by the department. 
5.  Charge.  Municipalities may not charge the department for performing such 
inspections. 
6.  License fee.  When a license is issued to an eating establishment licensed under 
section 2492 and located in a municipality to which authority to conduct inspection has 
been delegated by the department as specified in this section, the requirement for 
payment of a license fee by the establishment to the department as set forth in section 
2494 must be waived.  However, the The licensee is required to pay the department a sum 
not to exceed $60 set by department rules to support the costs of mailing and handling. 
7.  Licenses.  Licenses issued under this section must be displayed, renewed and in 
every other way treated the same as licenses issued under this chapter on the basis of 
inspection by the department. 
8.  Certification.  Certification of municipally employed sanitarians shall health 
inspectors must be in accordance with standards set by the commissioner and shall must 
be for a period of 3 years. 
9.  Delegation renewal.  Beginning January 1, 2005, and every 3 years thereafter, the 
department shall review the restaurant inspection program of the municipalities to which 
authority to conduct inspections has been delegated.  The process for the delegation of 
this authority and other such provisions describing the assignment of and removal of this 
delegation of authority must be established by rule and must include, but not be limited 
to,.  The department shall renew this delegation of authority if the municipality's 
inspection program has met the provisions of this section, including staff competency, 
enforcement and compliance history, inspection practices and reporting practices.  Rules 
adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
SUMMARY 
This bill establishes the authority of and clarifies that the Department of Health and 
Human Services is the preeminent authority for inspection and licensing of 
establishments in order to ensure statewide uniformity of health standards.  The bill 
clarifies the terms and conditions under which the department may authorize 
municipalities to conduct inspections of establishments within the municipality.