{"id":"DUT-ME-017","kind":"duty","level":"state","jurisdiction":"Maine","state":"ME","metro":"","industry":"","agency":"","eco":"","issuer":"Maine Department of Health and Human Services, Maine CDC Health Inspection Program (10-144 C.M.R. ch. 200), jointly with the Department of Agriculture, Conservation and Forestry (01-001 C.M.R. ch. 331)","authority":"22 M.R.S. secs. 42, 2496 (Ex. DUT-ME-008); 7 M.R.S. sec. 12 and ch. 551 (DACF); Maine Administrative Procedure Act, 5 M.R.S. ch. 375","instrument":"State of Maine Food Code 2013, 10-144 C.M.R. ch. 200 and 01-001 C.M.R. ch. 331 (last amended October 1, 2013): sec. 2-201.11 (permit holder shall require food employees to report symptoms and diagnoses of transmissible disease; exclusion and restriction), sec. 2-501.11 (clean-up procedures), sec. 8-304.11 (responsibilities of the permit holder: comply with the Code and with \u0027directives of the Regulatory Authority... in response to community emergencies\u0027; discontinue operations on imminent health hazard), sec. 8-402.11 (access), sec. 8-404.11 (ceasing operations and reporting), sec. 8-404.12 (approval before resuming), sec. 8-405.11 (timely correction)","title":"State of Maine Food Code (2013), 10-144 CMR 200 and 01-01 CMR 331","dateIssued":"2013-10-01","effective":"standing; in force throughout March 2020 to September 2021 as the rule governing every licensed eating establishment","end":"standing","startDate":"2013-10-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","CLOSE","EMP"],"addressees":["specified businesses (eating establishments and food establishments holding a DHHS or DACF permit); persons in charge and food employees"],"clause":"Upon acceptance of the Permit issued by the Regulatory Authority, the Permit Holder in order to retain the Permit shall:... (B) Comply with the provisions of this Code...; (H) Comply with directives of the Regulatory Authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives... in response to community emergencies","enforcement":"sec. 8-304.11(J): the permit holder is \u0027subject to the administrative, civil, injunctive, and criminal remedies authorized in Law for failure to comply with this Code or a directive of the Regulatory Authority\u0027; 22 M.R.S. secs. 2498 and 2500 (Ex. DUT-ME-008): daily fines, correction orders, Attorney General injunction, emergency suspension of license","functions":[],"notes":"Every eating establishment, as a condition of retaining its permit, to comply with the Food Code and with every directive of the Health Inspection Program including those issued \u0027in response to community emergencies,\u0027 to require employees to report transmissible-disease symptoms and to exclude or restrict them (sec. 2-201.11), to \u0027immediately discontinue operations and notify the Regulatory Authority if an Imminent Health Hazard may exist because of an emergency such as... onset of an apparent foodborne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health\u0027 (sec. 8-404.11(A)), and to obtain approval before resuming (sec. 8-404.12).","sourceUrl":"https://www.maine.gov/dhhs/mecdc/sites/maine.gov.dhhs.mecdc/files/rules/Food%20Code%20October%202013%20PDF.pdf","snapshot":"","fileExists":true,"fileBytes":1046408,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-ME","url":"/library/DUT-ME-017","exhibitUrl":"/exhibit/DUT-ME-017","citation":"Maine Department of Health and Human Services, Maine CDC Health Inspection Program (10-144 C.M.R. ch. 200), jointly with the Department of Agriculture, Conservation and Forestry (01-001 C.M.R. ch. 331), State of Maine Food Code 2013, 10-144 C.M.R. ch. 200 and 01-001 C.M.R. ch. 331 (last amended October 1, 2013): sec. 2-201.11 (permit holder shall require food employees to report symptoms and diagnoses of transmissible disease; exclusion and restriction), sec. 2-501.11 (clean-up procedures), sec. 8-304.11 (responsibilities of the permit holder: comply with the Code and with \u0027directives of the Regulatory Authority... in response to community emergencies\u0027; discontinue operations on imminent health hazard), sec. 8-402.11 (access), sec. 8-404.11 (ceasing operations and reporting), sec. 8-404.12 (approval before resuming), sec. 8-405.11 (timely correction) (standing) (Ex. DUT-ME-017)","stateName":"Maine","related":["ME-082","ME-011","ME-029","ME-046","DUT-ME-008"]}