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 144-200-8-7 - REMEDIES

Current through 2024-29, July 17, 2024
8-701 Criteria for Seeking Remedies
8-701.10 Conditions Warranting Remedy.
In accordance with 5 M.R.S. Chapter 375(As Amended), and
					 10-144 CMR 201 (Rules Relating to the Regulation and Enforcement of
					 Establishments Regulated by the Health Inspection Program) (Amended 2012),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 or
					 Eating Establishment or Employee:
(A)
				  Fails to have a valid Permit to operate a Food or Eating 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 §§8-702.10 and 8-702.20;
8-702 Holding, Examination, and Destruction of Food
8-702.10 Hold Order, Justifying Conditions and
					 Removal of Food.
(A) In
				  accordance with all relevant procedures and requirements of 22 M.R.S.
				  §§2159(Amended 2011) and 2496 (Amended 2009), 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 M.R.S.,Chapters 551 and 562 (Amended 2011).
(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 or Eating 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 §8-702.20and 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, 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 or Eating 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
					 M.R.S.§2159. (Amended 2011)
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.
					 Chapter 375) (Amended 2011). The hearing request must be submitted to the state
					 Regulatory Authority within 30 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 or
				  Eating Establishments within the scope of this Code, or 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 M.R.S. §§ 2172 (Amended
				  2003) and 2498 (Amended 2009).
(D)Each day of a violation constitutes a
				  separate violation under this section.