Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331)
Chapter 8 - COMPLIANCE AND ENFORCEMENT
Section 144-200-8-4 - INSPECTION AND CORRECTION OF VIOLATIONS

Universal Citation: 10 ME Code Rules § 144-200-8-4

Current through 2024-38, September 18, 2024

8-401 Frequency

8-401.10 Establishing Inspection Interval.

(A)Except as specified in ¶¶ (B) and (C) of this section,the Regulatory Authority shall inspect a Food or Eating Establishment at least once every 2 years, in accordance with 22 M.R.S. §2497 (Amended 2011). The frequency of routine inspections shall be determined by the Regulatory Authority based on risk factors. These risk factors include the type of Food served, the preparation steps these Foods require, the volume of Food, the population served and previous compliance history. The Regulatory Authority may, at its discretion, inspect at a more frequent intervals as necessary to follow-up on complaints or other problems noted on previous inspections.

(B) The Regulatory Authority may increase the interval between inspections if:

(1) The Food Establishment is fully operating under an Approved and validated HACCP Plan as specified under §8-201.14 and ¶¶ 8-103.12(A) and (B);

(2) The Food or Eating Establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction; or

(3) The Establishment's operation involves only coffee service and other unpackaged or prepackaged Food that is not Potentially Hazardous (Time/Temperature Control for Safety Food) such as carbonated Beverages and snack Food such as chips, nuts, popcorn, and pretzels.

(C) The Regulatory Authority shall periodically inspect throughout its Permit period a Temporary Food or Eating Establishment that prepares, sells, or serves unpackagedPotentially Hazardous (Time/Temperature Control for Safety Food) and that:

(1) Has improvised rather than permanent facilities or Equipment for accomplishing functions such as handwashing, Food preparation and protection, Food temperature control, Warewashing, providing Drinking Water, waste retention and disposal, and insect and rodent control; or

(2) Has inexperienced Food Employees.

8-401.20 Performance- and Risk-Based.

Within the parameters specified in § 8-401.1 0, the Regulatory Authority shall prioritize, and conduct more frequent inspections based upon its assessment of a Food or Eating Establishment's history of compliance with this Code and the establishment's potential as a vector of foodborne illness by evaluating:

(A) Past performance, for nonconformance with Code or HACCP Plan requirements that are critical;

(B) Past performance, for numerous or repeat violations of Code or HACCP Plan requirements that are noncritical;

(D) The Hazards associated with the particular Foods that are prepared, stored, or served;

(E) The type of operation including the methods and extent of Food storage, preparation, and service;

(F) The number of people served; and

(G) Whether the population served is a Highly Susceptible Population.

8-402 Access

8-402.11Allowed at Reasonable Times after Due Notice.

After the Regulatory Authority presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the Person in Charge shall allow the Regulatory Authority to determine if the Food or Eating Establishment is in compliance with this Code by allowing access to the establishment, allowing inspection, and providing information and records specified in this Code and to which the Regulatory Authority is entitled according to Law, during the Food or Eating Establishment's hours of operation and other reasonable times.

8-402.20 Refusal, Notification of Right to Access, and Final Request for Access.

If a Person denies access to the Regulatory Authority, the Regulatory Authority shall:

(A) Inform the Person that:

(1) The Permit Holder is required to allow access to the Regulatory Authority as specified under §8-402.11 of this Code,

(2) Access is a condition of the acceptance and retention of a Food or Eating Establishment Permit to operate as specified under ¶ 8-304.11(F), and

(3) If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection order, may be obtained according to Law; and

(B) Make a final request for access.

8-402.30 Refusal, Reporting.

If after the Regulatory Authority presents credentials and provides notice as specified under

§ 8-402.1 1, explains the authority upon which access is requested, and makes a final request for access as specified in § 8-402.2 0, the Person in Charge continues to Refuse access, the Regulatory Authority shall provide details of the denial of access on an inspection report form.

8-402.40 Inspection Order to Gain Access.

If denied access to a Food or Eating Establishment for an authorized purpose and after complying with § 8-402.2 0, the Regulatory Authority may issue, or apply for issuance of an administrative search warrant to gain access as provided in Law.

8-403 Report of Findings

8-403.10 Documenting Information and Observations.

The Regulatory Authority shall document on an inspection report form:

(A)

Administrative information about the Food or Eating Establishment's legal identity,

street and mailing addresses, type of establishment and operation as specified under ¶ 8-302.14(C), inspection date, and other information such as type of water supply and Sewage disposal, status of the Permit, and personnel certificates that may be required; and

(B) Specific factual observations of violative conditions or other deviations from this Code that require correction by the Permit Holder including:

(1) Failure of the Person in Charge to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this Code specified under§2-102.11,

(2) Failure of Food Employees and the Person in Charge to demonstrate their knowledge of their responsibility to report a disease or medical condition as specified under §§2-201.11(B) and (D),

(3) Nonconformance with Critical Items of this Code,

(4) Failure of the appropriate Food Employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the Regulatory Authority as specified under §8-103.12,

(5) Failure of the Person in Charge to provide records required by the Regulatory Authority for determining conformance with a HACCP Plan as specified under Subparagraph 8-201.14(D)(6), and

(6) Nonconformance with Critical Limits of a HACCP Plan.

8-403.20 Specifying Time Frame for Corrections.

The Regulatory Authority shall specify on the inspection report form the time frame for correction of the violations as specified under §§ 8-404.1 1, 8-405.11, and 8-406.11.

8-403.30 Issuing Report and Obtaining Acknowledgment of Receipt.

At the conclusion of the inspection and according to Law, the Regulatory Authority shall provide a copy of the completed inspection report and the notice to correct violations to the Permit Holder or to the Person in Charge, and request a signed acknowledgment of receipt.

8-403.40 Refusal to Sign Acknowledgment.

The Regulatory Authority shall:

(A) Inform a Person who declines to sign an acknowledgment of receipt of in spectional findings as specified in §8-403.30 that:

(1) An acknowledgment of receipt is not an agreement with findings,

(2) Refusal to sign an acknowledgment of receipt will not affect the Permit Holder's obligation to correct the violations noted in the inspection report within the time frames specified, and

(3) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the Regulatory Authority's historical record for the Food or Eating Establishment; and

(B) Make a final request that the Person in Charge sign an acknowledgment receipt of inspectional findings.

8-403.50 Public Information.

Except as specified in § 8-202.1 0, the Regulatory Authority shall treat the inspection report as a public document and shall make it available for disclosure to a Person who requests it as provided in Law.

8-403.51 Public Posting

The Regulatory Authority shall require a sign or placard be posted in a conspicuous area notifying consumers that a copy of the most recent inspection report is available for review upon request.

8-404 Imminent Health Hazard

8-404.11 Ceasing Operations and Reporting.

(A)Except as specified in ¶ (B) of this section, a Permit Holder 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, extended interruption of electrical or water service, Sewage backup, misuse of Poisonous or Toxic Materials, onset of an apparent foodborne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health.*

(B) A Permit Holder need not discontinue operations in an area of an establishment that is unaffected by the Imminent Health Hazard.

8-404.12 Resumption of Operations.

If operations are discontinued as specified under §8-404.11 or otherwise according to Law, the Permit Holder shall obtain approval from the Regulatory Authority before resuming operations.

8-405 Critical Violations

8-405.11 Timely Correction.

(A) Except as specified in ¶ (B) of this section, a Permit Holder shall at the time of inspection correct a Critical Violation of this Code and implement corrective actions for a HACCP Plan provision that is not in compliance with its Critical Limit.

(B) Considering the nature of the potential Hazard involved and the complexity of the corrective action needed, the Regulatory Authority may agree to or specify a longer time frame, not to exceed 10 calendar days after the inspection, for the Permit Holderto correctCritical Code violations or HAACP planned violations.

8-405.20 Verification and Documentation of Correction.

(A) After observing at the time of inspection a correction of a Critical violation or a HACCP Plandeviation, the Regulatory Authority shall enter the violation and information about the corrective action on the inspection report.

(B) As specified under ¶ 8-405.11(B), after receiving notification that the Permit Holder has corrected a Critical violation or HACCP Plan deviation, or at the end of the specified period of time, the Regulatory Authority shall verify correction of the violation, document the information on an inspection report, and enter the report in the Regulatory Authority's records.

8-406 Noncritical Violations

8-406.11 Time Frame for Correction.

(A) Except as specified in ¶ (B) of this section, the Permit Holder shall correct Noncritical violations by a date and time agreed to or specified by the Regulatory Authority but no later than 90 calendar days after the inspection.

(B) The Regulatory Authority may approve a compliance schedule that extends beyond the time limits specified under ¶ (A) of this section if a written schedule of compliance is submitted by the Permit Holder and no health Hazard exists or will result from allowing an extended schedule for compliance.

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