Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 331 - STATE OF MAINE FOOD CODE 2001 › Chapter 8 - COMPLIANCE AND ENFORCEMENT › Section 001-331-8-7 - REMEDIES

Current through 2024-29, July 17, 2024
REMEDIES
8-701 Criteria for Seeking Remedies
8-701.10 Conditions Warranting Remedy.
The REGULATORY AUTHORITY may seek an administrative or
					 judicial remedy to achieve compliance with the provisions of this Code if a
					 PERSON operating a FOOD ESTABLISHMENT or EMPLOYEE:
(A) Fails to have a valid PERMIT to operate a
				  FOOD ESTABLISHMENT as specified under § 8 -301.11;
(B) Violates any term or condition of a
				  PERMIT as specified under § 8 -304.11;
(C) Allows serious or repeated code
				  violations to remain uncorrected beyond time frames for correction APPROVED,
				  directed, or ordered by the REGULATORY AUTHORITY under ¶¶ 8-405.11(A)
				  and (B), and ¶¶ 8-406.11(A) and (B);
(D) Fails to comply with a REGULATORY
				  AUTHORITY order issued as specified in § 8 -501.20 concerning an EMPLOYEE
				  suspected of having a disease transmissible through FOOD by infected
				  PERSONS;
(E) Fails to comply with a
				  hold order as specified in §§ 8 -701.20 and 8-803.10;
8-702 Holding, Examination, and Destruction of
					 Food
8-702.10 Hold Order, Justifying Conditions and
					 Removal of Food.
(Note: Adoption of this section provides the
					 basis for ¶ 3-202.18(B) and would be cited there.)
(A) In accordance with the procedures and
				  requirements of 22 MRSA §2159, the REGULATORY AUTHORITY may place a hold
				  order on a FOOD that it has reason to believe is adulterated, or is misbranded
				  as to be dangerous or fraudulent within the meaning of 22 MRSA chapter
				  551.
(B) If the REGULATORY
				  AUTHORITY has reasonable cause to believe that the hold order will be violated,
				  or finds that the order is violated, the REGULATORY AUTHORITY may remove the
				  FOOD that is subject to the order to a place of safekeeping.
8-702.20 Hold Order, Contents.
The hold order notice shall:
(A) State that FOOD subject to the order may
				  not be used, sold, moved from the FOOD ESTABLISHMENT, or destroyed without a
				  written release of the order from the REGULATORY AUTHORITY;
(B) State the specific reasons for placing
				  the FOOD under the hold order with reference to the applicable provisions of
				  this Code and the HAZARD or adverse effect created by the observed
				  condition;
(C) Completely identify
				  the FOOD subject to the hold order by the common name, the label information, a
				  container description, the quantity, REGULATORY AUTHORITY'S tag or
				  identification information, and location;
8-702.30 Hold Order, Official Tagging of
					 Food.
(A) The REGULATORY
				  AUTHORITY shall securely place an official tag or label on the FOOD or
				  containers or otherwise conspicuously identify FOOD subject to the hold
				  order.
(B) The tag or other method
				  used to identify a FOOD that is the subject of a hold order shall include a
				  summary of the provisions specified in § 8 -803.10 and shall be signed and
				  dated by the REGULATORY AUTHORITY.
8-702.40 Hold Order, Food May Not Be Used or
					 Moved.
(A) Except as specified
				  in ¶ (B) of this section, a FOOD placed under a hold order may not be
				  used, sold, served, or moved from the establishment by any PERSON.
(B)
The REGULATORY AUTHORITY may
				  allow the PERMIT HOLDER the opportunity to store the FOOD in an area of the
				  FOOD ESTABLISHMENT if the FOOD is protected from subsequent deterioration and
				  the storage does not restrict operations of the
				  establishment.
8-702.50 Examining, Sampling, and Testing
					 Food.
The REGULATORY AUTHORITY may examine, sample, and test FOOD
					 in order to determine its compliance with this Code.
8-702.60 Hold Order, Removing the Official
					 Tag.
Only the REGULATORY AUTHORITY may remove hold order tags,
					 labels, or other identification from FOOD subject to a hold order.
8-702.70 Destroying or Denaturing Food.
Food shall be destroyed, or otherwise rendered unsalable,
					 in accordance with the provisions of
					  22
					 MRSA§2159.
8-702.80 Releasing Food from Hold
					 Order.
The REGULATORY AUTHORITY shall issue a notice of release
					 from a hold order and shall remove hold tags, labels, or other identification
					 from the FOOD if the hold order is vacated.
8-703 Hearing Administration
8-703.10 Request for Hearing, Basis and Time
					 Frame.
A person aggrieved by a licensing decision or action taken
					 by the state Regulatory Authority may request an administrative hearing in
					 accordance with the provisions of the Administrative Procedure Act (5 M.R.S.A.
					 Chapter 375). The hearing request must be submitted to the state Regulatory
					 Authority within 10 calendar days of receipt of the notice of the state
					 Regulatory Authority's decision or action and must specify the reason(s) for
					 the appeal. All hearings shall be conducted in accordance with the Maine
					 Administrative Procedure Act or rules adopted under the Administrative
					 Procedure Act.
8-704 Civil Proceedings
8-704.10 Petitions, Penalties, and Continuing
					 Violations.
(A) The regulatory
				  authority may petition a court of competent jurisdiction to enforce the
				  provisions of this Code or its administrative orders and according to law
				  collect penalties and fees for violations.
(B)A person who violates a provision of this
				  Code, any rule or regulation adopted in accordance with law related to food
				  establishments within the scope of this Code, or to any term, condition, or
				  limitation of a permit issued as specified in §§ 8 -303.10 and
				  8-303.20 is subject to a civil penalty.
(C) In addition, fines may be assessed by the
				  REGULATORY AUTHORITY in accordance with
22 MRSA §2498.
(D) Each day on which a violation occurs is a
				  separate violation under this section.
9-1 STATUTORY AUTHORITY
: Department of
					 Agriculture, Food & Rural Resources
10 M.R.S.A.
					 §§2625 -
					 2629,
					 22 M.R.S.A. §§2153, 2154, and 2167 - 2169,
Department of Human
					 Services
22 M.R.S.A.
					 §§2496
10-1 EFFECTIVE DATE: 5/1/01