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Ex. DUT-MN-012 Standing duty Primary source read

Minn. R. 4626.1795 (Food Code § 8-404.11, Ceasing Operations and Emergency Reporting)

Minnesota Food Code: licensee shall immediately discontinue operations on an imminent health hazard

Minnesota Department of Health (Minnesota Food Code, Minn. R. ch. 4626) · Minnesota (State)

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The record

Jurisdiction
Minnesota
Level
State
Authority
Minn. Stat. §§ 144.05, 144.12, 157.011; Minn. R. ch. 4626
Issued
2019-01-02 Jan. 2, 2019
Effective
standing (read as 2019-01-02)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 2, 2019 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses (licensed food establishments)
Character
sanitary code duty
Collection
Standing duties: Minnesota DUT-MN

Operative words

a licensee shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood,... onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.

Penalty

§ 144.99 (DUT-MN-004): cease-and-desist, administrative penalty up to $10,000, injunction, license action; § 157.20 orders (DUT-MN-008).

What it required

Every food-establishment licensee had a self-executing duty to close, in whole or in the affected area, and to notify the regulatory authority whenever 'an imminent health hazard may exist' from any 'circumstance that may endanger public health', a standing closure duty that operated without any order.

Retrieval note

Item B: 'A licensee need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.' The rule mirrors FDA Food Code § 8-404.11.