8-701 Criteria for Seeking Remedies
8-701.10 Conditions Warranting Remedy.
In accordance with 5 M.R.S. Chapter 375(As Amended), and 10-144 CMR 201 (Rules Relating to the Regulation and Enforcement of Establishments Regulated by the Health Inspection Program) (Amended 2012),the Regulatory Authority may seek an administrative or judicial remedy to achieve compliance with the provisions of this Code if a Person operating a Food or Eating Establishment or Employee:
(A) Fails to have a valid Permit to operate a Food or Eating Establishment as specified under §8-301.11;(B) Violates any term or condition of a Permit as specified under §8-304.11;(C) Allows serious or repeated Code violations to remain uncorrected beyond time frames for correction approved, directed, or ordered by the Regulatory Authority under ¶¶ 8-405.11(A) and (B), and ¶¶ 8-406.11(A) and (B);(D) Fails to comply with a Regulatory Authority order issued as specified in §8-501.20 concerning an Employee suspected of having a disease transmissible through Food by infected Persons;(E) Fails to comply with a hold order as specified in §§8-702.10 and 8-702.20; 8-702 Holding, Examination, and Destruction of Food
8-702.10 Hold Order, Justifying Conditions and Removal of Food.
(A) In accordance with all relevant procedures and requirements of 22 M.R.S. §§2159(Amended 2011) and 2496 (Amended 2009), the Regulatory Authority may place a hold order on a Food that it has reason to believe is adulterated, or is misbranded as to be dangerous or fraudulent within the meaning of 22 M.R.S.,Chapters 551 and 562 (Amended 2011).(B) If the Regulatory Authority has reasonable cause to believe that the hold order will be violated, or finds that the order is violated, the Regulatory Authority may remove the Food that is subject to the order to a place of safekeeping. 8-702.20 Hold Order, Contents.
The hold order notice shall:
(A) State that Food subject to the order may not be used, sold, moved from the Food or Eating Establishment, or destroyed without a written release of the order from the Regulatory Authority;(B) State the specific reasons for placing the Food under the hold order, with reference to the applicable provisions of this Code and the Hazard or adverse effect created by the observed condition;(C) Completely identify the Food subject to the hold order by the common name, the label information, a container description, the quantity, Regulatory Authority's tag or identification information, and location. 8-702.30 Hold Order, Official Tagging of Food.
(A) The Regulatory Authority shall securely place an official tag or label on the Food or containers, or otherwise conspicuously identify Food subject to the hold order.(B) The tag or other method used to identify a Food that is the subject of a hold order shall include a summary of the provisions specified in §8-702.20and shall be signed and dated by the Regulatory Authority. 8-702.40 Hold Order, Food May Not Be Used or Moved.
(A) Except as specified in ¶ (B) of this section, food placed under a hold order may not be used, sold, served, or moved from the Establishment by any Person.(B)The Regulatory Authority may allow the Permit Holder the opportunity to store the food in an area of the Food or Eating Establishment if the food is protected from subsequent deterioration and the storage does not restrict operations of the Establishment.
8-702.50 Examining, Sampling, and Testing Food.
The Regulatory Authority may examine, sample, and test Food in order to determine its compliance with this Code.
8-702.60 Hold Order, Removing the Official Tag.
Only the Regulatory Authority may remove hold order tags, labels, or other identification from Food subject to a hold order.
8-702.70 Destroying or Denaturing Food.
Food shall be destroyed, or otherwise rendered unsalable, in accordance with the provisions of 22 M.R.S.§2159. (Amended 2011)
8-702.80 Releasing Food from Hold Order.
The Regulatory Authority shall issue a notice of release from a hold order and shall remove hold tags, labels, or other identification from the Food if the hold order is vacated.
8-703 Hearing Administration
8-703.10 Request for Hearing, Basis and Time Frame.
A person aggrieved by a licensing decision or action taken by the state Regulatory Authority may request an administrative hearing in accordance with the provisions of the Administrative Procedure Act (5 M.R.S. Chapter 375) (Amended 2011). The hearing request must be submitted to the state Regulatory Authority within 30 calendar days of receipt of the notice of the state Regulatory Authority's decision or action and must specify the reason(s) for the appeal. All hearings shall be conducted in accordance with the Maine Administrative Procedure Act or rules adopted under the Administrative Procedure Act.
8-704 Civil Proceedings
8-704.10 Petitions, Penalties, and Continuing Violations.
(A) The Regulatory Authority may petition a court of competent jurisdiction to enforce the provisions of this Code or its administrative orders and, according to Law, collect penalties and fees for violations.(B)A person who violates a provision of this Code, any rule or regulation adopted in accordance with law related to Food or Eating Establishments within the scope of this Code, or any term, condition, or limitation of a Permit issued as specified in §§8-303.10 and 8-303.20 is subject to a civil penalty.(C)In addition, fines may be assessed by the Regulatory Authority in accordance with 22 M.R.S. §§ 2172 (Amended 2003) and 2498 (Amended 2009).(D)Each day of a violation constitutes a separate violation under this section.10- 144 C.M.R. ch. 200, § 8-7