8-301 Requirement
8-301.11 Prerequisite for Operation.
A PERSON may not operate a FOOD ESTABLISHMENT without a valid PERMIT to operate issued by the REGULATORY AUTHORITY.
8-302 Application Procedure
8-302.11 Submission 30 Calendar Days Before Proposed Opening.
An applicant shall submit an application for a PERMIT at least 30 calendar days before the date planned for opening a FOOD ESTABLISHMENT or the expiration date of the current PERMIT for an existing facility.
8-302.12 Form of Submission.
A PERSON desiring to operate a FOOD ESTABLISHMENT shall submit to the REGULATORY AUTHORITY a written application for a PERMIT on a form provided by the REGULATORY AUTHORITY.
8-302.13 Qualifications and Responsibilities of Applicants.
To qualify for a PERMIT, an applicant shall:
(A) Be an owner of the FOOD ESTABLISHMENT or an officer of the legal ownership;(B) Comply with the requirements of this Code;(C) As specified under § 8 -402.11, agree to allow access to the FOOD ESTABLISHMENT and to provide required information; and(D) Pay the applicable PERMIT fees at the time the application is submitted. (1) Permit fees for establishments licensed by the Department of Human Services are as follows: | ESTABLISHMENT TYPE | Fee |
| Eating Place | $45.00 + $3.00 per seat ($125 max) |
| Eating and Lodging | $45.00 + $3.00 per seat + $2.00 per room ($125 max) |
| Eating place mobile | $60.00 |
| Vending machine | $45.00 |
| Eating place/Vend mach | $45.00 + $3.00 per seat ($125 max) |
| Catering establishment | $75.00 |
| Temp food service establishment | $45.00 |
| Vending mach commissary | $75.00 |
| Bed & breakfast | $45.00 + $2.00 per room |
| Eating place and caterer | $45.00 + $3.00 per seat ($125 max) |
| Bottle club | $45.00 + $3.00 per seat ($125 max) |
| School feed satellite | $30.00 |
| Recreational camp | $75.00 |
| School feeding | $40.00 |
| School feed and cater | $40.00 |
| Vending machine location | $5.00 |
| Sr. citizen meal satellite | $30.00 |
| Eating place takeout | $75.00 |
| Sr. citizen meal commissary | $40.00 |
The fee for establishments in Portland, South Portland, Lewiston, and Auburn is $10.00 regardless of the number of seats or rooms. This fee shall apply only to those establishment types for which the municipality inspects for conformance with these rules or equivalent municipal rules or ordinances. All other establishments must pay the full fee as listed in the above table.
(2) Permit fees for establishments licensed by the Department of Agriculture, Food and Rural Resources are as follows: | EMPLOYEES | Fee |
| 1-10 | $10.00 |
| 11-25 | $30.00 |
| 26 or more | $100.00 |
8-302.14 Contents of the Application.
The application shall include:
(A) The name, mailing address, telephone number, and signature of the PERSON applying for the PERMIT and the name, mailing address, and location of the FOOD ESTABLISHMENT;(B) Information specifying whether the FOOD ESTABLISHMENT is owned by an association, corporation, individual, partnership, or other legal entity;(C) A statement specifying whether the FOOD ESTABLISHMENT: (1) Is mobile or stationary and temporary or permanent, and(2) Is an operation that includes one or more of the following: (a) Prepares, offers for sale, or serves POTENTIALLY HAZARDOUS FOOD: (i) Only to order upon a CONSUMER'S request,(ii) In advance in quantities based on projected CONSUMER demand and discards FOOD that is not sold or served at an APPROVED frequency, or(iii) Using time as the public health control as specified under § 3 -501.19,(b) Prepares POTENTIALLY HAZARDOUS FOOD in advance using a FOOD preparation method that involves two or more steps which may include combining POTENTIALLY HAZARDOUS ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing,(c) Prepares FOOD as specified under Subparagraph (C)(2)(b) of this section for delivery to and consumption at a location off the PREMISES of the FOOD ESTABLISHMENT where it is prepared,(d) Prepares FOOD as specified under Subparagraph (C)(2)(b) of this section for service to a HIGHLY SUSCEPTIBLE POPULATION,(e) Prepares only FOOD that is not POTENTIALLY HAZARDOUS, or(f) Does not prepare, but offers for sale only prePACKAGED FOOD that is not POTENTIALLY HAZARDOUS;(D) The name, title, address, and telephone number of the PERSON directly responsible for the FOOD ESTABLISHMENT;(E) The name, title, address, and telephone number of the PERSON who functions as the immediate supervisor of the PERSON specified under ¶ (D) of this section such as the zone, district, or regional supervisor;(F) The names, titles, and addresses of: (1) The PERSONS comprising the legal ownership as specified under ¶ (B) of this section including the owners and officers, and(2) The local resident agent if one is required based on the type of legal ownership;(G) A statement signed by the applicant that: (1) Attests to the accuracy of the information provided in the application, and(2) Affirms that the applicant will:(a) Comply with this Code, and(b) Allow the REGULATORY AUTHORITY access to the establishment as specified under § 8 -402.11 and to the records specified under §§ 3 -203.12 and 5-205.13 and Subparagraph 8-201.14(D)(6); and(H) Submission to the Regulatory Authority that the subsurface wastewater disposal system is in compliance with the State of Maine Rules Relating to Subsurface Wastewater Disposal Systems; and(I) Other information required by the REGULATORY AUTHORITY.8-303 Issuance
8-303.10 New, Converted, or Remodeled Establishments.
For FOOD ESTABLISHMENTS that are required to submit plans as specified under §8 -201.11 the REGULATORY AUTHORITY shall issue a PERMIT to the applicant after:
(A) A properly completed application is submitted;(B) The required fee is submitted;(C) The required plans, specifications, and information are reviewed and APPROVED; and(D) A preoperational inspection as specified in § 8 -203.10 shows that the establishment is built or remodeled in accordance with the APPROVED plans and specifications and that the establishment is in compliance with this Code.8-303.20 Existing Establishments, Permit Renewal, and Change of Ownership.
The REGULATORY AUTHORITY may renew a PERMIT for an existing FOOD ESTABLISHMENT or may issue a PERMIT to a new owner of an existing FOOD ESTABLISHMENT after a properly completed application is submitted, reviewed, and APPROVED, the fees are paid, and an inspection shows that the establishment is in compliance with this Code.
8-303.30 Denial of Application for Permit, Notice.
If an application for a PERMIT to operate is denied, the REGULATORY AUTHORITY shall provide the applicant with a notice that includes:
(A) The specific reasons and Code citations for the PERMIT denial;(B) The actions, if any, that the applicant must take to qualify for a PERMIT; and(C) Advisement of the applicant's right of appeal and the process and time frames for appeal that are provided in LAW.8-304 Conditions of Retention
8-304.10 Responsibilities of the Regulatory Authority.
(A) At the time a PERMIT is first issued, the REGULATORY AUTHORITY shall provide to the PERMIT HOLDER a copy of this Code so that the PERMIT HOLDER is notified of the compliance requirements and the conditions of retention, as specified under § 8 -304.11, that are applicable to the PERMIT. The regulatory authority may, as an alternative, provide a copy of this code to anyone interested in obtaining a permit.(B)Failure to provide the information specified in (A) of this section does not prevent the REGULATORY AUTHORITY from taking authorized action or seeking remedies if the PERMIT HOLDER fails to comply with this Code or an order, warning, or directive of the REGULATORY AUTHORITY.8-304.11 Responsibilities of the Permit Holder.
Upon acceptance of the PERMIT issued by the REGULATORY AUTHORITY, the PERMIT HOLDER in order to retain the PERMIT shall:
(A) Post the PERMIT in a location in the FOOD ESTABLISHMENT that is conspicuous to CONSUMERS;(B) Comply with the provisions of this Code including the conditions of a granted VARIANCE as specified under § 8 -103.12, and APPROVED plans as specified under § 8 -201.12;(C) If a FOOD ESTABLISHMENT is required under § 8 -201.13 to operate under a HACCP PLAN, comply with the plan as specified under § 8 -103.12;(D) Immediately contact the REGULATORY AUTHORITY to report an illness of an EMPLOYEE as specified under § 2 -201.15;(E) Immediately discontinue operations and notify the REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD may exist as specified under § 8 -404.11;(F) Allow representatives of the REGULATORY AUTHORITY access to the FOOD ESTABLISHMENT as specified under § 8 -402.11;(G) Except as specified under ¶ (H) of this section, replace existing facilities and EQUIPMENT specified in § 8 -101.10 with facilities and EQUIPMENT that comply with this Code if: (1) The REGULATORY AUTHORITY directs the replacement because the facilities and EQUIPMENT constitute a public health HAZARD or nuisance or no longer comply with the criteria upon which the facilities and EQUIPMENT were accepted,(2) The REGULATORY AUTHORITY directs the replacement of the facilities and EQUIPMENT because of a change of ownership, or(3) The facilities and EQUIPMENT are replaced in the normal course of operation;(H) Upgrade or replace refrigeration EQUIPMENT as specified under ¶ 3-501.16(C), if the circumstances specified under Subparagraphs (G)(1)-(3) of this section do not occur first, and 10 years pass after the REGULATORY AUTHORITY adopts this Code;(I) Comply with directives of the REGULATORY AUTHORITY including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the REGULATORY AUTHORITY in regard to the PERMIT HOLDER'S FOOD ESTABLISHMENT or in response to community emergencies;(J) Accept notices issued and served by the REGULATORY AUTHORITY according to LAW; and(K) Be subject 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, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.8-304.20 Permits Not Transferable.
A PERMIT may not be transferred from one PERSON to another PERSON, from one FOOD ESTABLISHMENT to another, or from one type of operation to another if the FOOD operation changes from the type of operation specified in the application as specified under ¶ 8-302.14(C) and the change in operation is not APPROVED.
01-001 C.M.R. ch. 331, § 8-3