The COVID Project
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
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 noteItem 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.