01-001-331 Me. Code R. § 8-5

Current through 2024-51, December 18, 2024

Section 001-331-8-5 - PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY EMPLOYEES

8-501 Investigation and Control

8-501.10 Obtaining Information: Personal History of Illness, Medical Examination, and Specimen Analysis.

The proper Regulatory Authority shall act when it has reasonable cause to believe that a Food Employee has possibly transmitted disease; may be infected with a disease in a communicable form

that is transmissible through Food; may be a carrier of infectious agents that cause a disease that is transmissible through Food; or is affected with a boil, an infected wound, or acute respiratory infection, by:

(A) Securing a confidential medical history of the Food Employee or Conditional Employee who is suspected of transmitting disease or making other investigations as deemed appropriate; and

(B) Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected Food Employee or Conditional Employee.

8-501.20 Restriction or Exclusion of Food Employee, Closure or Suspension of Permit.

Based on the findings of an investigation related to a Food Employee or Conditional Employee who is suspected of being infected or diseased, the proper Regulatory Authority may issue an order to the suspected Food Employee, Conditional Employee or Permit Holder instituting one or more of the following control measures:

(A) Restricting the Food Employee or Conditional Employee's services to specific areas and tasks in a Food Establishment that present no risk of transmitting the disease; or

(B) Excluding the Food Employee or Conditional Employee; or

(C) Closing the Food or Eating Establishment by summarily suspending a Permit to operate in accordance with the Maine Administrative Procedures Act; or

(D) Seeking suspension of the permit through the civil court system.

8-501.30 Restriction or Exclusion Order: Warning or Hearing Not Required, Information Required in Order.

Based on the findings of the investigation as specified in § 8-501.10 and to control disease transmission, the proper Regulatory Authority may issue an order of Restriction or Exclusion to a suspected Food Employee or the Permit Holder without prior warning, notice of a hearing, or a hearing if the order:

(A) States the reasons for the restriction or exclusion that is ordered;

(B) States the evidence that the Food Employee or Permit Holder shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated;

(C) States that the suspected Food Employee or the Permit Holder may request an appeal hearing by submitting a timely request as provided in Law; and

(D) Provides the name and address of the Regulatory Authority representative to whom a request for an appeal hearing may be made.

8-501.40 Removal of Exclusions and Restrictions

The Regulatory Authority shall release a Food Employee or Conditional Employee from restriction or exclusion according to Law and the conditions specified under § 2-201.13.

01-001 C.M.R. ch. 331, § 8-5