Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.014 - Permits: Suspension and Revocation

Current through Register 1525, July 5, 2024
(A)
Summary Suspension of Permit/Emergency Closure without a Prior
			 Hearing
.
(1) In accordance with
			 M.G.L. 111, § 30, the board of health or its authorized agent, as
			 determined by the board of health, may, without a prior hearing, suspend a
			 permit to operate a food establishment or to operate one or more particular
			 operations if an imminent health hazard is found to exist.
(2) A permit may be summarily suspended
			 without providing prior written notice, notice of a hearing, or a hearing,
			 provided that the right to a hearing is afforded within three business days of
			 a request for a hearing.
(3) A
			 summary suspension order shall be in writing and shall be posted at a public
			 entrance to the food establishment and a copy provided to the permit holder of
			 the food establishment, pursuant to
			 105 CMR
			 590.015(A). The order
			 summarily suspending the permit or specific operation of the permit holder
			 shall be immediately effective upon posting of the order at the food
			 establishment by an authorized agent of the board of health.
(4) The summary suspension order shall state:
(a) The name and location of the food
			 establishment and the name and address of the permit holder;
(b) That the board of health or its
			 authorized agent, as determined by the board of health, has determined that an
			 imminent health hazard exists, which requires the immediate suspension of the
			 food establishment permit or the operation of one or more particular operations
			 at the food establishment;
(c) The
			 specific violation(s) that lead to the determination that an imminent health
			 hazard exists;
(d) That all
			 operations or one or more particular operations of the food establishment shall
			 immediately cease and desist;
(e)
			 That the emergency closure shall remain in effect until conditions cited in the
			 order of closure are corrected and the corrections are confirmed by the board
			 of health or its authorized agent, as determined by the board of health,
			 through reinspection and other means as appropriate;
(f) That if a hearing is desired, a written
			 request for a hearing shall be filed with the board of health by the permit
			 holder within ten ten days of receipt of the summary suspension
			 order;
(g) That the person has the
			 right to inspect and obtain copies of all relevant inspection reports, orders,
			 notices, and other documentary evidence in the possession of the board of
			 health and has the right to be represented at any hearing;
(h) The name and address of the board of
			 health where the written request for a hearing shall be sent; and
(i) The signature of a member of the board of
			 health or its authorized agent, as determined by the board of health.
(5) The board of health shall hold
			 a hearing within three business days after receipt of a written request for a
			 hearing.
(6) If no hearing is
			 requested, the summary suspension shall remain in effect until the board of
			 health or its authorized agent, as determined by the board of health,
			 determines that all conditions cited in the summary suspension order are
			 corrected.
(7) The board of health
			 or its authorized agent, as determined by the board of health, shall end the
			 summary suspension at any time if reasons for the suspension no longer
			 exist.