Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 346 - RULES GOVERNING MEAT AND POULTRY INSPECTION AND LICENSING
Sec2 001-346-2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION
Subsection 001-346-2-16 - Stop Sale or Use Order

Universal Citation: 01 ME Code Rules § 001-346-2-16

Current through 2024-38, September 18, 2024

A. The Department may issue a stop sale or use order if the licensee fails to comply with any provision of 22 M.R.S.A, Chapter 562-A (1992 and Supp. 2000) or these Rules or it is determined through inspection, or examination of food employees, food, records, or other means as specified in these Rules, that an imminent health hazard exists.

1. The Department may issue a stop sale or use order by providing written notice of the stop sale or use order to the license holder or the person in charge without prior warning, notice of a hearing, or a hearing.

2. A stop sale or use order shall state:

a. That all operations shall immediately cease;

b. The reasons for the stop sale or use order with reference to the provisions of these Rules that are in violation;

c. The type of imminent threat to the public health that may be caused by the violation;

d. The name and address of the Department representative to whom notice for re-inspection may be made and who may certify that reasons for the stop sale or use order are eliminated;

e. That the license holder may appeal a stop sale or use order to the Commissioner of the Department within five business days of the issue of the stop sale or use order, and that the Department will hold a hearing, if requested, within ten business days of the stop sale or use order; and

3. If any person receiving a stop sale or use order appeals the order to the Commissioner of the Department within 5 days of receiving the order, the Commissioner, or his designee, shall, within 10 business days of the issuance of the order, hold a hearing in conformance with the requirements of the Administrative Procedure Act.

4. The Department shall conduct a re-inspection of the establishment or processing plant for which the stop sale or use order was issued within 48 hours after receiving notice from the license holder stating that the conditions cited in the stop sale or use order no longer exist.

5. A stop sale or use order shall remain in effect until the conditions cited in the stop sale or use order no longer exist and their elimination has been confirmed by the Department through re-inspection and other means as appropriate or until a court of competent jurisdiction otherwise orders.

6. The stop sale or use order shall be lifted immediately if the Department determines that there are no imminent health hazards and the establishment is in compliance with 7 M.R.S.A, Chapter 562-A (1992 and Supp. 2001) and these Rules. A notice of resuming operations shall be provided to the license holder or person in charge.

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