Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 8 - COMPLIANCE AND ENFORCEMENT › Section 144-200-8-5 - PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY EMPLOYEES

Current through 2024-29, July 17, 2024
8-501 Investigation and Control
8-501.10 Obtaining Information: Personal History of
					 Illness, Medical Examination, andSpecimen Analysis.
The proper Regulatory Authority shall act when it has
					 reasonable cause to believe that a Food Employee has possibly transmitted
					 disease; may be infected with a disease in a communicable form that is
					 transmissible through Food; may be a carrier of infectious agents that cause a
					 disease that is transmissible through Food; or is affected with a boil, an
					 infected wound, or acute respiratory infection, by:
(A) Securing a confidential medical history
				  of the Food Employee or Conditional Employee who is suspected of transmitting
				  disease or making other investigations as deemed appropriate; and
(B)Requiring appropriate medical
				  examinations, including collection of specimens for laboratory analysis, of a
				  suspected Food Employee or Conditional Employee.
8-501.20 Restriction or Exclusion of Food Employee,
					 Closure or Suspension of Permit.
Based on the findings of an investigation related to a Food
					 Employee or Conditional Employee who is suspected of being infected or
					 diseased, the proper Regulatory Authority may issue an order to the suspected
					 Food Employee, Conditional Employee or Permit Holder instituting one or more of
					 the following control measures:
(A)
				  Restricting the Food Employee or Conditional Employee's services to specific
				  areas and tasks in a Food Establishment that present no risk of transmitting
				  the disease; or
(B) Excluding the
				  Food Employee or Conditional Employee; or
(C)Closing the Food or Eating Establishment
				  by summarily suspending a Permit to operate in accordance with the Maine
				  Administrative Procedures Act; or
(D)Seeking suspension of the permit through
				  the civil court system.
8-501.30 Restriction or Exclusion Order: Warning or
					 Hearing Not Required, Information Required in Order.
Based on the findings of the investigation as specified in
					 § 8-501.1 0 and to control disease transmission, the proper Regulatory
					 Authority may issue an order of Restriction or Exclusion to a suspected Food
					 Employeeor the Permit Holder without prior warning, notice of a hearing, or a
					 hearing if the order:
(A) States the
				  reasons for the restriction or exclusion that is ordered;
(B) States the evidence that the Food
				  Employee or Permit Holder shall provide in order to demonstrate that the
				  reasons for the restriction or exclusion are eliminated;
(C) States that the suspected Food Employee
				  or the Permit Holder may request an appeal hearing by submitting a timely
				  request as provided in Law; and
(D)
				  Provides the name and address of the Regulatory Authority representative to
				  whom a request for an appeal hearing may be made.
8-501.40 Removal of Exclusions and Restrictions
The Regulatory Authority shall release a Food Employee or
					 Conditional Employee from restriction or exclusion according to Law and the
					 conditions specified under § 2-201.1 3.