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Ex. DUT-ME-009 Standing duty Primary source read

22 M.R.S. sec. 451 (appointment), sec. 453 (local board of health), sec. 454-A (powers and duties: inspection of premises where 'conditions posing a public health threat' exist; orders for 'the suppression and removal of nuisances and conditions suspected of posing or found to pose a public health threat'; enforcement of public health laws), sec. 461 (notice to clean or quit unfit premises; closure), sec. 462 (law enforcement assistance)

Title 22, Chapter 153: Local Health Officers (Maine Revised Statutes, chapter compilation generated January 5, 2026)

Maine Legislature (22 M.R.S. chapter 153, Local Health Officers; every municipality's local health officer under the supervision of the Commissioner of Health and Human Services) · Maine (State)

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The record

Jurisdiction
Maine
Level
State
Authority
R.S. 1954; P.L. 1989, c. 487; sec. 454-A enacted by P.L. 2007, c. 598, sec. 7
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 closureStanding dutyOperating condition
Addressees
  • owners or persons in control of premises ('any place or premises where filth... or conditions posing a public health threat are known or believed to exist'); persons generally
Character
sanitary code duty
Collection
Standing duties: Maine DUT-ME

Operative words

[A] local health officer shall:... F.... order the suppression and removal of nuisances and conditions suspected of posing or found to pose a public health threat;... 'public health threat' means any condition or behavior that can reasonably be expected to place others at significant risk of exposure to infection with a communicable disease.

Penalty

sec. 461: closure of unfit premises and forfeiture of $10 to $50 for each day the premises remain unfit after written notice; sec. 1561 (Ex. DUT-ME-015): forfeiture up to $300 and removal at the owner's expense; sec. 462: law enforcement assistance; 22 M.R.S. sec. 804(1) (Ex. DUT-ME-001): local health officers enforce the Department's communicable-disease rules

What it required

Every owner or occupant of premises in every Maine municipality to admit the local health officer (with consent or an inspection warrant) where 'conditions posing a public health threat are known or believed to exist,' to obey the officer's orders for the suppression and removal of such conditions, and, for dwellings, to clean or quit premises 'a cause of sickness to the occupants or the public' on pain of closure and daily forfeitures; the local officer reports communicable-disease facts to the Commissioner during a declared health emergency (sec. 454-A(2)(C)) and may call on law enforcement when obstructed (sec. 462).

Retrieval note

Sec. 454-A(1): the local health officer 'is subject to the supervision and direction of the commissioner or the commissioner's designee.' Sec. 454-A(2)(E): 'With the consent of the owner, agent or occupant, enter, inspect and examine any place or premises where filth, whether or not the cause of sickness, or conditions posing a public health threat are known or believed to exist.... If entry is refused, the local health officer shall apply for an inspection warrant from the District Court.' The 2023 amendments touched only paragraphs G to I (resource role; enumerated laws; associate officers); paragraphs A to F and the definition are the 2008 text. EO 2 FY 20/21 sec. II (Ex. ME-029) authorized municipalities to enforce face coverings and gathering limits in public spaces. The file date in the name is the compilation date.