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 144-200-8-3 - PERMIT TO OPERATE

Current through 2024-29, July 17, 2024
8-301 Requirement
8-301.11 Prerequisite for Operation.
A Person may not operate a Food or Eating Establishment
					 without a valid Permit to operate issued by the Regulatory Authority.
8-302 Application Procedure
8-302.11 Submission 30 Calendar Days Before Proposed
					 Opening.
An applicant shall submit an application for a Permit at
					 least 30 calendar days before the date planned for opening a Food or Eating
					 Establishment or the expiration date of the current Permit for an existing
					 facility.
8-302.12 Form of Submission.
A Person desiring to operate a Food or Eating Establishment
					 shall submit to the Regulatory Authority a written application for a Permit on
					 a form provided by the Regulatory Authority.
8-302.13 Qualifications and Responsibilities of
					 Applicants.
To qualify for a Permit, an applicant shall:
(A) Be an owner of the Food or Eating
				  Establishment or an officer of the legal ownership;
(B) Comply with the requirements of this
				  Code;
(C) As specified under
				  §8-402.11, agree to allow access to the Food or Eating Establishment and
				  to provide required information; and
(D) Pay the applicable Permit fees at the
				  time the application is submitted.
8-302.14 Contents of the Application.
The application shall include:
(A) The name, mailing address, telephone
				  number, and signature of the Person applying for the Permit and the name,
				  mailing address, and location of the Food or Eating Establishment;
(B) Information specifying whether the Food
				  or Eating Establishment is owned by an association,
corporation, individual, partnership, or other legal
					 entity;
(C) A statement
				  specifying whether the Food or Eating Establishment:
(1) Is mobile or stationary and temporary or
				  permanent, and
(2) Is an operation
				  that includes one or more of the following:
(a) Prepares, offers for sale, or serves
				  Potentially Hazardous Food (Time/Temperature Control for Safety Food):
(i) Only to order upon a Consumer's
				  request,
(ii) In advance in
				  quantities based on projected Consumer demand and discards Food that is not
				  sold or served at an approved frequency, or
(iii)Using time as the public health control
				  as specified under §3-501.19,
(b)Prepares Potentially Hazardous Food
				  (Time/Temperature Control for Safety Food)in advance using a Food preparation
				  method that involves two or more steps which may include combining Potentially
				  Hazardous Food (Time/Temperature Control for Safety Food) ingredients; cooking;
				  cooling; reheating; hot or cold holding; freezing; or thawing,
(c) Prepares Food as specified under
				  Subparagraph (C)(2)(b) of this section for delivery to and consumption at a
				  location off the Premises of the Food or Eating Establishment where it is
				  prepared,
(d) Prepares Food as
				  specified under Subparagraph (C)(2)(b) of this section for service to a Highly
				  Susceptible Population,
(e)
				  Prepares only Food that is not Potentially Hazardous Food (Time/Temperature
				  Control for Safety Food), or
(f)
				  Does not prepare, but offers for sale only prepackaged Food that is not
				  Potentially Hazardous Food (Time/Temperature Control for Safety
				  Food);