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Ex. DUT-ME-008 Standing duty Primary source read

22 M.R.S. sec. 2492 (license required), sec. 2496 (Department rulemaking; Maine Food Code), sec. 2497 (right of entry and inspection without warrant), sec. 2498 (fines; correction directives; penalties for operating unlicensed; Attorney General injunction), sec. 2500 (suspension or revocation; emergency suspension where conditions 'may endanger the life, health or safety of persons')

Title 22, Chapter 562: Eating Establishments, Lodging Places, Campgrounds, Recreational and Sporting Camps, Youth Camps, Public Pools and Public Spas (Maine Revised Statutes, chapter compilation generated January 5, 2026)

Maine Legislature (22 M.R.S. chapter 562, Eating Establishments, Lodging Places, Campgrounds, Recreational and Sporting Camps, Youth Camps, Public Pools and Public Spas; administered by the DHHS Health Inspection Program) · Maine (State)

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The record

Jurisdiction
Maine
Level
State
Authority
P.L. 1975, c. 496, sec. 3; police power of the State exercised by licensing
Issued
2026-01-05 Jan. 5, 2026
Effective
standing; text in force throughout March 2020 to September 2021 (read as 2026-01-05)
End
standing
In force
Standing since Jan. 5, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureAlcohol and barsStanding dutyOperating condition
Addressees
  • specified businesses (eating establishments, lodging places, campgrounds, recreational and sporting camps, youth camps, public pools and spas); owners or persons in control of licensed premises
Character
sanitary code duty
Collection
Standing duties: Maine DUT-ME

Operative words

Whenever, upon inspection, conditions are found which violate this chapter or regulations adopted thereunder, or which may endanger the life, health or safety of persons living in or attending any licensed establishment under this chapter, the department may request an emergency suspension of license of the District Court pursuant to Title 4, section 184, subsection 6

Penalty

sec. 2498(1)(A): penalties up to $100 for each violation, each day uncorrected a separate offense; (B): correction directives, failure to correct a separate finable violation; (C): up to $5,000 per day for operating without an active license; (D): Attorney General injunction; sec. 2500: suspension or revocation by District Court complaint, and emergency suspension where conditions may endanger life, health or safety

What it required

Every restaurant, bar, lodging place, campground and camp to hold a DHHS license, admit inspectors at any reasonable time without a warrant, correct violations within the time the Department directs, and operate free of conditions that 'may endanger the life, health or safety of persons,' on pain of daily fines, Attorney General injunction and emergency suspension of the license; the Governor's orders made this license the enforcement vehicle for the dine-in closure, occupancy, distancing, curfew and face-covering conditions (Ex. ME-011 sec. IV(F) and VI; Ex. ME-029 sec. II; Ex. ME-046 sec. III; Ex. ME-082).

Retrieval note

Sec. 2497: 'The department and any duly designated officer or employee of the department have the right, without an administrative inspection warrant, to enter upon and into the premises of any establishment licensed pursuant to this chapter at any reasonable time in order to determine the state of compliance with this chapter and any rules in force pursuant to this chapter.' Sec. 2496(1) is the rulemaking basis of the Maine Food Code (Ex. DUT-ME-017). EO 34 (Ex. ME-013) and EO 57 (Ex. ME-026) enforced the traveler quarantine through lodging licenses (Certificates of Compliance); EO 2 FY 20/21 sec. II (Ex. ME-029) provided that the face-covering order 'may also be enforced by any governmental department or official that regulates licenses, permits or otherwise authorizes the operation or occupancy of eating establishments, bars or tasting rooms, lodging operations and accommodations.' Savage v. Mills (Ex. DUT-ME-014) is the suit of the Sunday River Brewing Company's owner against the orders under which it operated. The file date in the name is the compilation date.