reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-9 - Application for Official Inspection, Granting Inspection, Official Numbers, and Withdrawal of Inspection

Current through 2024-29, July 17, 2024
A. State of Maine
				  Inspectors, as authorized by 9 CFR 321, Cooperation with States and
				  Territories, shall perform inspections at official establishments.
B. To qualify for official inspection, as
				  specified in 9 CFR 304, Application for Inspection; Grant of Inspection, an
				  applicant shall:
1. Submit a completed license
				  application on the form furnished by the Commissioner;
2. Comply with the requirements of these
				  Rules in addition to 9CFR 304, Application for Inspection; Grant of
				  Inspection;
3. Comply with the
				  requirements of
				  9 CFR
				  304.3, Conditions for Receiving Inspection,
				  including:
a. Developing written Sanitation
				  Standard Operating Procedures, as specified in 9 CFR 416, Sanitation;
b. Conduct a hazard analysis and have
				  developed and validated a HACCP plan, as required in 9 CFR 417, Hazard Analysis
				  and Critical Control Point (HACCP) Systems; and
4. Comply with the requirements of
				  9 CFR
				  305.3, Sanitation and Adequate
				  Facilities;
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-10 - Denial of License Application, Notice

Current through 2024-29, July 17, 2024
A. The Commissioner or his designee may deny
				  a license application if he finds:
1. The
				  applicant has made false statements on the license application;
2. The applicant has failed to comply with
				  any provision of 22 M.R.S.A., Chapter 562-A (1992 and supp. 2001) or these
				  Rules.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-11 - Responsibilities of the License Holder

Current through 2024-29, July 17, 2024
A. Upon
				  acceptance of the license issued by the Department, the license holder in order
				  to retain the license shall:
1. Post the
				  license in a location in the establishment or processing plant that is
				  conspicuous to consumers;
2. Comply
				  with the provisions of these Rules including the conditions of a granted
				  variance as specified in Section 1, Subsection 6, and approved plans as
				  specified under Section 2, Subsection 7;
3. Comply with the plan as specified under
				  Section 1, Subsection 1, if an establishment or processing plant is required
				  under Section 10, Subsection 1, to operate under a HACCP plan;
4. Immediately contact the Department and any
				  other applicable regulatory authority to report an illness of a food employee
				  applicant or food employee;
5.
				  Immediately discontinue operations and notify the Department and any other
				  applicable regulatory authority, if an imminent health hazard may exist as
				  specified under Section 2, Subsection 12;
6. Allow representatives of the Department
				  access to the establishment as specified under Section 2, Subsection
				  20;
7. Replace existing facilities
				  and equipment, with facilities and equipment that comply with these Rules if:
a. The Department directs the replacement
				  because the facilities and equipment constitute a public health hazard or
				  nuisance or no longer comply with the criteria upon which the facilities and
				  equipment were accepted;
b. The
				  Department directs the replacement of the facilities and equipment because of a
				  change of ownership; or
c. The
				  facilities and equipment are replaced in the normal course of
				  operation.
8. Upgrade or
				  replace refrigeration equipment as specified under Section 3, Subsection 25, if
				  the circumstances specified under Section 2, Subsection 11(A), (7), (a-c), do
				  not occur first, and ten years pass after the Department adopts these
				  Rules;
9. Comply with directives of
				  the Department, including time frames for corrective actions specified in
				  inspection reports, notices, orders, warnings, and other directives issued by
				  the Department in regard to the license holder's establishment or processing
				  plant or in response to community emergencies;
10. Accept notices issued and served by the
				  Department according to law; and
11. Be subject to the administrative, civil,
				  injunctive, and criminal remedies authorized in law for failure to comply with
				  these Rules or a directive of the Department, including time frames for
				  corrective actions specified in inspection reports, notices, orders, warnings,
				  and other directives.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-12 - Ceasing Operations and Reporting

Current through 2024-29, July 17, 2024
A. Except as
				  specified in Section 2, Subsection 12(B), a license holder shall immediately
				  discontinue operations and notify the Department and any other applicable
				  regulatory authority, if an imminent health hazard may exist because of an
				  emergency such as, but not limited to, a fire, flood, extended interruption of
				  electrical or water service, sewage backup, misuse of poisonous or toxic
				  materials, onset of an apparent food borne illness breakout, or gross
				  unsanitary occurrence or condition.
B. A license holder need not discontinue
				  operations in an area of an establishment or processing plant that is
				  unaffected by the imminent health hazard.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-13 - Resumption of Operations

Current through 2024-29, July 17, 2024
A. If operations
				  are discontinued as specified under Section 2, Subsection 12, or otherwise
				  according to law, the license holder shall obtain approval from the Department
				  before resuming operations.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-14 - Conditions Warranting Remedy

Current through 2024-29, July 17, 2024
A. The Department
				  may schedule an administrative meeting to address compliance with the
				  provisions of these Rules, if a person operating an establishment or processing
				  plant or employee:
1. Fails to have a valid
				  license to operate an establishment or processing plant as specified under
				  Section 2, Subsection 1;
2.
				  Violates any term or condition of a license as specified under Section 2,
				  Subsection 11;
3. Allows serious or
				  repeated rule violations to remain uncorrected beyond time frames for
				  correction as approved, directed, or ordered by the Department under Section 2,
				  subsections 25 and 27;
4. Fails to
				  comply with a Departmental order issued as a result of a hearing for an
				  administrative remedy;
5. Fails to
				  comply with a summary suspension order issued by the Department as specified in
				  Section 2, Subsection 16; or
6.
				  Fails to comply with any other rule or regulation.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-15 - Administrative Meetings

Current through 2024-29, July 17, 2024
A. The Commissioner
				  or his designee may, in its discretion, initiate an administrative meeting for
				  the licensee's failure to:
1. Correct
				  critical violations from a routine inspection if there is a history of
				  non-compliance with these Rules;
2.
				  For refusal to grant access by the Department; or
3. If an inspection reveals deviations in the
				  HACCP plan.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-16 - Stop Sale or Use Order

Current through 2024-29, July 17, 2024
A. The Department
				  may issue a stop sale or use order if the licensee fails to comply with any
				  provision of 22 M.R.S.A, Chapter 562-A (1992 and Supp. 2000) or these Rules or
				  it is determined through inspection, or examination of food employees, food,
				  records, or other means as specified in these Rules, that an imminent health
				  hazard exists.
1. The Department may issue a
				  stop sale or use order by providing written notice of the stop sale or use
				  order to the license holder or the person in charge without prior warning,
				  notice of a hearing, or a hearing.
2. A stop sale or use order shall state:
a. That all operations shall immediately
				  cease;
b. The reasons for the stop
				  sale or use order with reference to the provisions of these Rules that are in
				  violation;
c. The type of imminent
				  threat to the public health that may be caused by the violation;
d. The name and address of the Department
				  representative to whom notice for re-inspection may be made and who may certify
				  that reasons for the stop sale or use order are eliminated;
e. That the license holder may appeal a stop
				  sale or use order to the Commissioner of the Department within five business
				  days of the issue of the stop sale or use order, and that the Department will
				  hold a hearing, if requested, within ten business days of the stop sale or use
				  order; and
3. If any
				  person receiving a stop sale or use order appeals the order to the Commissioner
				  of the Department within 5 days of receiving the order, the Commissioner, or
				  his designee, shall, within 10 business days of the issuance of the order, hold
				  a hearing in conformance with the requirements of the Administrative Procedure
				  Act.
4. The Department shall
				  conduct a re-inspection of the establishment or processing plant for which the
				  stop sale or use order was issued within 48 hours after receiving notice from
				  the license holder stating that the conditions cited in the stop sale or use
				  order no longer exist.
5. A stop
				  sale or use order shall remain in effect until the conditions cited in the stop
				  sale or use order no longer exist and their elimination has been confirmed by
				  the Department through re-inspection and other means as appropriate or until a
				  court of competent jurisdiction otherwise orders.
6. The stop sale or use order shall be lifted
				  immediately if the Department determines that there are no imminent health
				  hazards and the establishment is in compliance with 7 M.R.S.A, Chapter 562-A
				  (1992 and Supp. 2001) and these Rules. A notice of resuming operations shall be
				  provided to the license holder or person in charge.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-17 - Suspension or Revocation

Current through 2024-29, July 17, 2024
A. The Department
				  may after notice and opportunity for hearing in conformance with the applicable
				  provisions of the Maine Administrative Procedure Act, initiate suspension or
				  revocation proceedings for a license if:
1.
				  The Commissioner determines that a false statement was made in the license
				  application; or
2. The Commissioner
				  finds that the licensee failed to comply with the requirements of 7 M.R.S.A.
				  Chapter 562-A, or these Rules.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-18 - Establishing Inspection Interval

Current through 2024-29, July 17, 2024
A. Except as
				  specified under Section 2, Subsection 9(F) and Subsection 20(B) and (C), the
				  Department may inspect an establishment or processing plant at least once every
				  six months.
B. The Department may
				  increase the interval between inspections beyond six months but in no event
				  less than once a year if:
1. The
				  establishment or processing plant is fully operating under an approved and
				  validated HACCP plan as specified under Section 1, Subsection 7(A), (1), and
				  (2), and Section 10, Subsection 1;
2. The establishment or processing plant is
				  assigned a less frequent inspection frequency based on a written risk based
				  inspection schedule that is being uniformly applied throughout the
				  jurisdiction, and at least once every six months the establishment or
				  processing plant is contacted by telephone or other means by the Department to
				  ensure that the establishment or processing plant manager and the nature or
				  operation are not changed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-19 - Performance and Risk Based Inspections

Current through 2024-29, July 17, 2024
A. Within
				  the parameters specified under Section 2, Subsection 20, the Department shall
				  prioritize and conduct more frequent inspections based upon its assessment of
				  an establishment or processing plant's potential as a vector of food borne
				  illness by evaluating:
1. Past performance,
				  for non-conformance with these Rules or HACCP plan requirements that are
				  critical;
2. Past performance, for
				  numerous or repeat violations of these Rules or HACCP plan requirements that
				  are non-critical;
3. Past
				  performance, for complaints investigated and found to be valid;
4. The hazards associated with the particular
				  foods that are prepared, stored, or served;
5. The type of operation including the
				  methods and extent of food storage, preparation, and service;
6. The number of people served;
7. Whether the population served is a highly
				  susceptible population.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-20 - Access for Inspection

Current through 2024-29, July 17, 2024
A. After the
				  Department presents official credentials and states the purpose of, and an
				  intent to conduct an inspection, the person in charge shall allow the
				  Department to determine if the establishment or processing plant is in
				  compliance with these Rules by:
1. Allowing
				  access to the establishment or processing plant;
2. Allowing inspection; and
3. Providing information and records
				  specified in these Rules and to which the Department is entitled according to
				  law, during the establishment or processing plant's hours of operation and
				  other reasonable times.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-21 - Documenting Information and Observations

Current through 2024-29, July 17, 2024
A. The
				  Department shall document on an inspection report form:
1. Administrative information about the
				  establishment or processing plant's legal identity, street and mailing
				  addresses, type of establishment or processing plant and operation as specified
				  under Section 2, Subsection 2(B), inspection date, and other information such
				  as type of water supply and sewage disposal, status of the license, and
				  personnel certificates that may be required; and
2. Specific factual observations of violative
				  conditions or other deviations from these Rules that require correction by the
				  license holder including but not limited to:
a. Failure of the person in charge to
				  demonstrate the knowledge of food borne illness prevention and the requirements
				  of these Rules specified under Section 1, Subsection 10;
b. Failure of food employees and the person
				  in charge to demonstrate their knowledge of their responsibility to report a
				  disease or medical condition;
c.
				  Nonconformance with critical items of these Rules;
d. Failure of the appropriate food employees
				  to demonstrate their knowledge of, and ability to perform in accordance with,
				  the procedural, monitoring, verification, and corrective action practices
				  required by the Department as specified under Section1, Subsection 7;
e. Failure of a person in charge to provide
				  records required by the Department for determining conformance with a HACCP
				  plan as specified under Section 10, Subsection 2(A), (4), and (f);
f. Nonconformance with critical limits of a
				  HACCP plan.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-22 - Timely Correction for Critical Item Violation

Current through 2024-29, July 17, 2024
A. Except as specified in Section 2,
				  Subsection 24(B), a license holder shall at the time of inspection correct a
				  critical violation of these Rules or implement corrective actions for a HACCP
				  plan provision that is not in compliance with its critical limit.
B. Considering the nature of the potential
				  hazard involved and the complexity of the corrective action needed, the
				  Department may agree to or specify a longer time frame, not to exceed ten
				  calendar days after the inspection, for the license holder to correct critical
				  violations of these Rules or HACCP plan deviations, provided food safety
				  controls and preventive measures are in place and no health hazards exist
				  consistent with 9 CFR 416, and 417.
C. If a determination by the inspector that
				  the corrective action cannot be completed within ten days, the inspector may
				  request an extension be granted which must only be approved in writing by a
				  supervisor.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-23 - Verification and Documentation of Correction for Critical Item Violation

Current through 2024-29, July 17, 2024
A. After observing at the time of inspection
				  a correction of a critical item violation or HACCP plan deviation, the
				  Department shall enter the violation and information about the corrective
				  action on the inspection report
B.
				  After receiving notification that the license holder has corrected a critical
				  item violation or HACCP plan deviation, or at the end of the specified period
				  of time, the Department shall verify correction of the violation, document the
				  information on an inspection report, and enter the report in the Department's
				  records.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-24 - Time Frame for Correction for a Non-Critical Violation

Current through 2024-29, July 17, 2024
A. Except as specified in Section 2,
				  Subsection 26(B), the license holder shall correct non-critical violations by a
				  date and time agreed to or specified by the Department, but no later than
				  ninety calendar days after the inspection.
B. The Department may approve a compliance
				  schedule that extends beyond the time limits specified under Section 2,
				  Subsection 24(A), if a schedule of compliance is submitted by the license
				  holder and no health hazard exists or will result from allowing an extended
				  schedule for compliance.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-25 - Issuing Report and Obtaining Acknowledgement of Receipt

Current through 2024-29, July 17, 2024
At the conclusion of the inspection, the Department shall
					 provide a copy of the completed inspection report to the license holder or to
					 the person in charge, and request a signed acknowledgement of
					 receipt.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-26 - Refusal to sign Acknowledgement

Current through 2024-29, July 17, 2024
A. The
				  Department shall:
1. Inform a person who
				  declines to sign an acknowledgement of receipt of inspection findings that:
a. An acknowledgement of receipt is not an
				  agreement of findings;
b. Refusal
				  to sign an acknowledgement of receipt will not affect the license holder's
				  obligation to correct the violations noted in the inspection report within the
				  time frames specified; and
c. A
				  refusal to sign an acknowledgement of receipt is noted in the inspection report
				  and conveyed to the Department's historical record for the establishment or
				  processing plant.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Subsection 001-346-2-27 - Examining, Sampling, and Testing Food

Current through 2024-29, July 17, 2024
The Department may examine, sample, and test food in order
					 to determine its compliance with these Rules.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-1 - Compliance with Food Law

Current through 2024-29, July 17, 2024
A. Food must be
				  obtained from sources that comply with law.
B. Food prepared in a private home may not be
				  used or offered for human consumption in an establishment, unless such
				  establishment is a home business licensed by the Department.
C. Packaged food must be labeled as specified
				  in law, including Food Labeling, 9 CFR 317, Labeling, Marking Devices and
				  Containers, 9 CFR 381, Subpart N, Labeling and Containers.
D. Whole muscle intact beefsteaks that are
				  intended for consumption in an undercooked form must be:
1. Obtained from a food processing plant that
				  packages the steaks and labels them to indicate that they meet the definition
				  of whole muscle, intact beef; or
2.
				  If individually cut in a food establishment:
a. Cut from whole muscle intact beef that is
				  labeled by a processing plant to indicate that the beef meets the definition of
				  whole muscle intact beef;
b.
				  Prepared so they remain intact; and
c. If packaged for undercooking in a food
				  establishment, labeled to indicate that they meet the definition of whole
				  muscle intact beef.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-2 - Animals Slaughtered and Processed Under Inspection

Current through 2024-29, July 17, 2024
A. All animals except poultry slaughtered and
				  processed for sale must have ante mortem and post mortem inspection and must
				  meet the requirements of 9 CFR 313, Humane Slaughter of Livestock, 9 CFR 309,
				  Ante Mortem Inspection, 310 Post Mortem Inspection, and 311 Disposal of
				  Diseased or Otherwise Adulterated Carcasses and Parts.
B. All animals except poultry slaughtered and
				  processed under inspection must be conducted in accordance with these Rules,
				  except as specified in 9 CFR 302, Application of Inspection and Other
				  Requirements and 9 CFR 303, Exemptions.
C. All poultry slaughtered and processed for
				  sale under inspection, must have ante mortem and post mortem inspection and
				  shall meet the requirements of 9 CFR 381, Subpart J, Ante Mortem Inspection,
				  Subpart K, Post Mortem Inspection; Dispositions of Carcasses and
				  Parts.
D. Exempt establishments
				  handling wild game must:
1. Be in accordance
				  with these Rules and 9 CFR 302, Application of Inspection and Other
				  Requirements and 9 CFR 303, Exemptions;
2. Hold, process, identify, and prepare wild
				  game separately from all domestic animal carcasses, meat, meat food or meat
				  food by-products;
3. Label and
				  identify as "wild game" or by the species of wild game, "antelope," "deer,"
				  "elk," "moose," "bear," etc.;
4.
				  Store the heads, horns, capes, feet, skins, or any part thereof in closed
				  containers and in a manner that shall not create an offensive condition or
				  odor.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-3 - Rendering

Current through 2024-29, July 17, 2024
Rendering of carcasses and parts must be done in accordance
					 with 9 CFR 315, Rendering or Other Disposal of Carcasses and Parts Passed for
					 Cooking, or in compliance with other generally accepted practices, which may
					 include composting.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-4 - Package Integrity

Current through 2024-29, July 17, 2024
Food packages must be in good condition and protect the
					 integrity of the contents so that the food is not exposed to adulteration or
					 potential contaminants.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-5 - Packaged and Unpackaged Food; Separation, Packaging, and Segregation

Current through 2024-29, July 17, 2024
A. Food must be protected from cross
				  contamination by:
1. Separating raw animal
				  foods during storage, preparation, holding, and display from cooked ready to
				  eat food.
2. Except when combined
				  as ingredients separating types of raw animal food from each other such as
				  beef, fish, lamb, pork, and poultry during storage, preparation, holding and
				  display by:
a. Using separate equipment for
				  each type; or
b. Arranging any type
				  of food in equipment so that cross contamination of one type with another is
				  prevented; and
c. Preparing each
				  type of food at different times or in separate areas;
3. Cleaning equipment and utensils as
				  specified under Section 7, Subsection 1, and sanitizing as specified under
				  Section 7, Subsection 5;
4. Except
				  as specified in Section 3, Subsection 5(B), storing the food in packages,
				  covered containers, or wrappings;
5. Cleaning hermetically sealed containers of
				  food of visible soil before opening;
6. Protecting food containers that are
				  received packaged together in a case or over-wrap from cuts when the case or
				  over-wrap is opened;
7. The use of
				  burlap as a wrapping for meat will not be permitted unless the meat is first
				  wrapped with a food grade paper or cloth, which will prevent contamination with
				  lint or other foreign matter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-6 - Temperature Requirements

Current through 2024-29, July 17, 2024
A. Refrigerated,
				  potentially hazardous food must be kept at a temperature of 41 degrees F or
				  below.
B. Potentially Hazardous
				  food that is cooked to a temperature and for a time specified under Section 3,
				  Subsection 17, and 18, and received hot, must be kept at a temperature of 140
				  degrees F or above.
C. A food that
				  is labeled and shipped frozen by a processing plant must be received
				  frozen.
D. Upon receipt,
				  potentially hazardous food must be free of evidence of previous temperature
				  abuse.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-7 - Food Contact with Equipment and Utensils

Current through 2024-29, July 17, 2024
Food may only contact surfaces of equipment and utensils
					 that are cleaned as specified under Section 7, Subsection 1, of these Rules and
					 sanitized as specified under Section 7, Subsection 3, of these
					 Rules.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-8 - Miscellaneous Sources of Contamination

Current through 2024-29, July 17, 2024
Food must be protected from contamination that may result
					 from a factor or source not specified under Section 3, Subsection 16.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-9 - Food Storage, Allowable Areas

Current through 2024-29, July 17, 2024
A. Food must be
				  protected from contamination by storing the food:
1. In a clean dry location;
2. Where it is not exposed to splash, dust,
				  or other contamination; and
3. At
				  least six inches above the floor.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-10 - Food Storage, Prohibited Areas

Current through 2024-29, July 17, 2024
A. Food
				  may not be stored:
1. In locker
				  rooms;
2. In toilet
				  rooms;
3. In dressing
				  rooms;
4. In garbage
				  rooms;
5. In mechanical
				  rooms;
6. Under sewer lines that
				  are not shielded to intercept potential drips;
7. Under leaking water lines, including
				  leaking automatic fire sprinkler heads, or under lines on which water has
				  condensed;
8. Under open
				  stairwells; or
9. Under other
				  sources of contamination.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-11 - Cooling, Heating, and Holding Capacities

Current through 2024-29, July 17, 2024
Equipment for cooling and heating food, and holding cold
					 and hot food, must be sufficient in number and capacity to maintain food
					 temperatures as specified under Section 3, Subsections 12, 17, 18, 19, 20 and
					 25.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-12 - Cooling Times and Temperatures

Current through 2024-29, July 17, 2024
A. Cooked
				  potentially hazardous food must be cooled:
1.
				  Within 2 hours, from 140 degrees F to 70 degrees F; and
2. Within 4 hours, from 70 degrees F to 41
				  degrees F or less, or to 45 degrees F as specified under Section 3, Subsection
				  24(A), (3).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-13 - Cooling Methods

Current through 2024-29, July 17, 2024
A. Cooling must be
				  accomplished in accordance with the time and temperature criteria specified
				  under Section 3, Subsection 12, by using one or more of the following methods
				  based on the type of food being cooled:
1.
				  Placing the food in shallow pans;
2. Separating the food into smaller or
				  thinner portions;
3. Using rapid
				  cooling equipment;
4. Stirring the
				  food in a container, place in an ice water bath;
5. Using containers that facilitate heat
				  transfer;
6. Adding ice as an
				  ingredient; or
7. Other effective
				  methods.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-14 - Frozen Food Storage

Current through 2024-29, July 17, 2024
Stored frozen foods must remain frozen.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-15 - Ice

Current through 2024-29, July 17, 2024
Ice used for use as a food or a cooling medium must be free
					 of contamination.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-16 - Food Preparation Preventing Contamination

Current through 2024-29, July 17, 2024
During preparation, unpackaged food must be protected from
					 environmental sources of contamination.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-17 - Raw Animal Foods, Heating Times and Temperatures

Current through 2024-29, July 17, 2024
A. Except as specified in Section 3,
				  Subsection 17(B), and (C), raw animal foods must be cooked to heat all parts of
				  the food to a temperature and for a time that complies with one of the
				  following methods depending on the food that is being cooked:
1. 145 degrees F or above for 15 seconds:
a. Except as specified under Section 3,
				  Subsection 17(A), (2), and (B), meat including pork and game animals
				  commercially raised for food as specified under Section 3, Subsection 2(B) and
				  (C), and game animals under a voluntary inspection program as specified under
				  Section 3, Subsection 2(C);
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-18 - Raw Animal Food, Microwave Cooking

Current through 2024-29, July 17, 2024
A. Raw animal food cooked in a microwave oven
				  must be:
1. Rotated or stirred throughout or
				  midway through cooking to compensate for uneven distribution of heat;
2. Covered to retain surface
				  moisture;
3. Heated to a
				  temperature of at least 165 degrees F in all parts of the food; and
4. Allowed to stand covered for 2 minutes
				  after cooking to obtain temperature equilibrium.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-19 - Reheating for Hot Holding

Current through 2024-29, July 17, 2024
A. Except as
				  specified under Section 3, Subsection 19(B), (C), and (E), potentially
				  hazardous food that is cooked, cooled and reheated for hot holding must be
				  reheated so that all parts of the food reach a temperature of at least 165
				  degrees F for 15 seconds.
B. Except
				  as specified under Section 3, Subsection 19(C), potentially hazardous food
				  reheated in a microwave oven for hot holding must be reheated so that all parts
				  of the food reach a temperature of at least 165 degrees F and the food is
				  rotated or stirred, covered, and allowed to stand covered for 2 minutes after
				  reheating.
C. Ready to eat food
				  taken from a commercially processed, hermetically sealed container, or from an
				  intact package from a processing plant that is inspected by the Department must
				  be heated to a temperature of at least 140 degrees F for hot holding.
D. Reheating for hot holding must be done
				  rapidly at the time the food is between the temperature of 41 and 45 degrees,
				  and must be heated to an internal temperature of 165 degrees F, but may not
				  exceed 2 hours at this temperature.
E. Remaining unsliced portions or roasts of
				  beef that are cooked as specified under Section 3, Subsection 17(B), may be
				  reheated for hot holding using the oven parameters and minimum time and
				  temperature conditions specified under Section 3, Subsection 17(B).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-20 - Reheating for Immediate Service

Current through 2024-29, July 17, 2024
Cooked and refrigerated food that is prepared for immediate
					 service in response to an individual consumer order, such as roast beef
					 sandwich au jus, may be served at any temperature.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-21 - Food Temperature Measuring Devices

Current through 2024-29, July 17, 2024
Food temperature measuring devices must be provided and
					 readily accessible for use in ensuring attainment and maintenance of food
					 temperatures.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-22 - Thawing Potentially Hazardous Foods

Current through 2024-29, July 17, 2024
A. Except
				  as specified in Section 3, Subsection 22(A), (4), potentially hazardous food
				  must be thawed;
1. Under refrigeration that
				  maintains the food temperature at 41 degrees F or less, or at 45 degrees F as
				  specified under Section 3, Subsection 22(A), (3); or
2. Completely submerged under running water;
a. At a water temperature of 70 degrees F or
				  below;
b. With a sufficient water
				  velocity to agitate and float off loose particles and overflow; and
c. For a period of time that does not allow
				  thawed portions of ready to eat food to rise above 41 degrees F, or 45 degrees
				  F as specified under Section 3, Subsection 22A ), (3); or
d. For a period of time that does not allow
				  thawed portions of raw animal food requiring cooking as specified under Section
				  3, Subsection 17(A) or (B), to be above 41 degrees F, or 45 degrees F, as
				  specified in Section 3, Subsection 22A ), (3); including
I. The time the food is exposed to running
				  water and the time needed for the preparation for cooking; or
II. The time it takes under refrigeration to
				  lower the food temperature to 41 degrees F, or 45 degrees F, as specified under
				  Section 3, Subsection 24.
3. As part of a cooking process if the food
				  that is frozen is:
a. Cooked as specified
				  under Section 3, Subsection 17(A), or (B) or Section 3, Subsection
				  19;
b. Thawed in a microwave oven
				  and immediately transferred to conventional cooking equipment, with no
				  interruption in the process; or
4. Using any procedure if a portion of frozen
				  ready to eat food is thawed and prepared for immediate service in response to
				  an individual consumer's order.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-23 - Potentially Hazardous Food, Slacking

Current through 2024-29, July 17, 2024
A. Frozen
				  potentially hazardous food that is slacked to moderate the temperature must be
				  held:
1. Under refrigeration that maintains
				  the food temperature at 41 degrees F, or at 45 degrees F or less, as specified
				  under Section 3, Subsection 24A ), (3); or
2. At any temperature if the food remains
				  frozen.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-24 - Potentially Hazardous Food, Hot and Cold Holding

Current through 2024-29, July 17, 2024
A. Except during preparation, cooking, or
				  cooling, potentially hazardous food must be maintained
1. At 140 degrees F or above, except roasts
				  cooked to a temperature and for a time specified under Section 3, Subsection
				  19, may be held at a temperature of 130 degrees F; or
2. At 41 degrees F or less, except as
				  specified under Section 3, Subsection 24A ), (3), Subsections 59, and
				  60;
3. At 45 degrees F or between
				  41 and 45 degrees F in existing refrigeration equipment that is not capable of
				  maintaining the food at 41 degrees F or less if:
a. The equipment is in place and in use in
				  the establishment; and
b. Within
				  ten years of the Department's adoption of these Rules, the equipment is
				  upgraded or replaced to maintain food at a temperature of 41 degrees F or
				  less.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-25 - Variance Requirement

Current through 2024-29, July 17, 2024
An establishment or processing plant must obtain a variance
					 from the Department as specified in Section 1, Subsection 6, and under Section
					 1, Subsection 7, before smoking food as a method of food preservation rather
					 than as a method of flavor enhancement; curing food; using food additives or
					 adding components such as vinegar as a method of food preservation rather than
					 as a method of flavor enhancement or to render a food so that it is not
					 potentially hazardous; packaging food using a reduced oxygen packaging method
					 except as specified under Section 3, Subsection 27, where a barrier to
					 Clostridium Botulinum exists, in addition to using refrigeration; custom
					 processing animals that are for personal use as food and not for sale or
					 service in an establishment or processing plant; or preparing food by another
					 method that is determined by the Department to require a
					 variance.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-27 - Standards of Identity

Current through 2024-29, July 17, 2024
Packaged food must comply with standard of identity
					 requirements as specified in 9 CFR 319, Definitions and Standards of Identity
					 or Composition.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-28 - Honestly Presented

Current through 2024-29, July 17, 2024
A. Food must be
				  offered for human consumption in a way that does not mislead or misinform the
				  consumer.
B. Food or color
				  additives, colored over wraps, or lights may not be used to misrepresent the
				  true appearance, color, or quality or food.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-29 - Consumer Warnings, Date Information

Current through 2024-29, July 17, 2024
Food establishment or manufacturers' dating information on
					 foods may not be concealed or altered.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING › Sec2 001-346-3 - FOOD CONCERNS › Subsection 001-346-3-30 - Discarding or Reconditioning Unsafe, Adulterated, or Contaminated Food

Current through 2024-29, July 17, 2024
A. A food that is unsafe, adulterated, or not
				  honestly presented shall be reconditioned according to an approved procedure or
				  discarded.
B. Food that is not from
				  an approved source as specified under Section 3, Subsections 1 and 2, shall be
				  discarded.
C. Ready to eat food
				  that may have been contaminated by an employee that has been restricted or
				  excluded, shall be discarded.
D.
				  Food that is contaminated by food employees, consumers, or other persons
				  through contact with their hands, bodily discharges, such as nasal or oral
				  discharges, or other means shall be discarded.