Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 201 - HEALTH INSPECTION PROGRAM ADMINISTRATION RULE
Section 144-201-1 - PURPOSE AND DEFINITIONS

1. Accredited program means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals. Accredited program refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration. Accredited program does not refer to training functions or educational programs. A list of Department-approved certification programs can be found here: https://www.maine.gov/dhhs/mecdc/environmental-health/el/training.htm#foodSafety

2. Active managerial control means a food safety management system where managers develop and implement food safety protocols to prevent, eliminate or reduce the occurrence of foodborne illness.

3. Approved means acceptable to the Department, based on its determination as to conformance with appropriate standards and good public health practice.

4. Bed and breakfast means a unique eating establishment, where the general public can stay overnight and be provided with a "limited menu," serving only a breakfast meal. This meal can be either a full or continental breakfast. Unlike other eating establishments, the meal is prepared in the private home. Notwithstanding 22 MRS §2501, all bed and breakfasts, regardless of the number of rooms rented, are subject to Departmental licensing requirements by this rule. The breakfast meal is served by the owner or the owner's designee, in the morning and included in the cost of the overnight guests' stay. This definition contains further clarification of the Maine Food Code (10-144 CMR Ch. 200, §1-201.10(B)(7)) and the Rules Relating to Lodging Establishments (10-144 CMR Ch. 206, §1-B(18)(a)), for the purposes of this rule.

5. Body practitioner means a person who operates as a tattoo artist, body piercer, micropigmentation practitioner, and/or an electrologist.

6. Body Practitioner Studio means a permanent facility physically separated from any home or dwelling, where tattooing, micropigmentation, body piercing, or electrology is performed. For the purposes of this rule, "Body Practitioner Studio" has the same meaning as Tattoo Practitioner Operating Location in the Department's rules relating to tattooing at 10-144 CMR Ch. 210.

7. Business Enterprise Program is a program within the Maine Department of Labor that seeks to broaden economic opportunities for blind residents of Maine, by creating snack bars, cafeterias, and vending machine facilities located upon State, federal, and municipal properties.

8. Campground means premises where tents or recreational vehicles are allowed, and/or campground rental units are permitted on 5 or more sites for compensation or indirect compensation, where individual guest occupancy does not exceed 183 days. Campground does not include parking lots or areas where camping is not authorized.

9. Campground Rental Unit means any hard and/or soft sided tent constructed on a platform or foundation, cottage/cabin, recreational vehicle, etc. or any part thereof used, maintained, advertised or held out to the public as a place where sleeping accommodations are furnished to the public by the proprietor of the campground. A campground rental unit is a single structure rented or let to the public on a daily, weekly, monthly or seasonal basis where individual guest occupancy does not exceed 183 days.

10. Catering means preparing food in bulk, in a commercial kitchen, for transport to and service at a pre-arranged event, and requires a license. Catering does not include persons hired as personal chefs to prepare at-home meals in private households. Personal chefs are not licensed by the Department.

11. Certified food protection manager means a person who is employed or engaged by the management of an eating establishment, who has the authority to implement food protection measures at that establishment, and who meets the certification requirements of Section 2(A) of this rule.

12. Certified pool operator certificate means evidence that a person meets the standards required for a certified pool operator in the Rules Relating to Public Pools (10-144 CMR Ch. 202).

13. Commercial kitchen means a kitchen used to prepare food for public consumption that meets all requirements of the Maine Food Code (10-144 CMR Ch. 200). A commercial kitchen is not a private home kitchen.

14. Commercial lot means any property concerned with, or engaged in, the interchange of goods and services for money or in-kind. Commercial lot is referenced in the campground presumption provision in 22 MRS §2492.

15. Commissary means a kitchen that receives, stores, and prepares food for delivery to other meal sites or vending locations. Examples of commissaries include, but are not limited to, vending company production kitchens that prepare food for use in vending machines; senior citizen meals production kitchens that deliver either frozen or ready-to-eat meals; kitchens that prepare food for small boat day trips; kitchens located at an event hall or convention hall used by multiple caterers as part of specific events, or a commercial kitchen used by multiple food vendors.

16. Commissioner means the Commissioner of the State of Maine Department of Health and Human Services, as defined at 22 MRS § 1-A (1).

17. Community event means an event that is of a civic, political, public or educational nature, including State and county fairs, city or town festivals, circuses and other public gatherings.

18. Complete license application means an application for any license issued in Section 4(B) of this rule that includes all establishment information required for the Department to review and determine if issuance of a license is appropriate.

19. Compressed air license means a license required for a supplier either to fill or to supply any breathing apparatus with life-supporting gases.

20. Continental breakfast means a breakfast consisting of non-potentially hazardous baked goods, whole fruit or fruit sliced for same-day service, cereal, milk, juice, portion-controlled butter, portion-controlled cream cheese, portion-controlled peanut butter and portion-controlled jam or jelly. For the purpose of this rule, portion-controlled means commercially pre-packaged individual items or foods portioned from bulk containers and presented in individual units to the consumer. Continental breakfast does not include heating/cooking and serving, or heating/cooking and hot-holding for service, eggs (or egg products), meats, or other potentially hazardous food items.

21. Corrosion-resistant materials means those materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bactericidal solutions, and other normal uses.

22. Cottage/cabin means a single structure rented or let to the public on a daily, weekly, monthly or seasonal basis. Cottages/cabins are intended for temporary occupancy for recreational purposes and not for permanent residency.

23. Critical violation means any violation deemed or marked as a critical violation within the Maine Food Code (10-144 CMR Ch. 2 00), the Rules Relating to Lodging Establishments (10-144 CMR Ch. 206), Youth Camp Rule (10-144 CMR Ch. 208), and the Rules Relating to Public Pools and Spas (10-144 CMR Ch. 202), and the Rules Relating to Campgrounds (10-144 CMR Ch. 205).

24. Day means the period of time from 12:00 a.m. to 11:59 p.m. on any given calendar date, including a portion of this period.

25. Delegated municipality means a municipality in Maine that has applied to, and received authorization from, the Department to conduct inspections pursuant to 22 MRS § 2499.

26. Department means the Department of Health and Human Services, Maine Center for Disease Control and Prevention.

27. Designated camping area means an area where camping occurs, and may include, but is not limited to, fire rings, picnic tables, trash receptacles, water spigots, electrical hookups, signage, sites, or other improvements.

28. Dormitory means a room or a building used for living and sleeping by unrelated persons.

29. Easily cleanable means that surfaces are readily accessible and made of such materials and finish, and so fabricated, that residue may be effectively removed by normal cleaning methods.

30. Eating establishment or eating place means any place where food or drink is prepared ready to eat and served or served to the public for consumption on the premises or prepared and served or served ready to eat to the public for consumption off-premises.

31. Eating Place - Limited Menu means an establishment which contains only a bar where food is served but has no kitchen. This type of establishment may contain fewer sinks than are required by the Maine Food Code and serves only pre-packaged foods or prepackaged, pre-cooked food to be heated prior to service. This type of establishment license does not permit catering operations.

32. Eating Place - Mobile means a mobile vehicle designed and constructed to transport, prepare, sell or serve food at a number of sites and is capable of being moved from its serving site at any time. This type of establishment is a self-contained food service operation, located in a vehicle or a movable stand on wheels, used to store, prepare, display or serve food intended for individual portion service.

33. Eating Place- Mobile Base Kitchen -means a commercial kitchen licensed by the owner of an eating place-mobile or eating place-mobile stickbuilt (i.e., mobile units) for food preparation, storage and/or ware-washing that cannot be conducted within the mobile unit due to insufficient equipment and/or space.

34. Eating Place - Mobile Stick Built means food service equipment that may be assembled and disassembled for storage or transportation and may only operate at a fixed location for the duration of an approved community event.

35. Eating Place - School means a school kitchen for which the primary function is to provide meals to students in kindergarten through grade 12. Nursery schools, Headstart programs, pre-schools and before and after care are not included in this definition and do not require a license.

36. Eating Place - School Catering means any kitchen where food is prepared for delivery to a kindergarten through grade 12 school. Eating Place - School Catering kitchens are often located on the premises of a school where food is prepared for its own population as well as for delivery to other schools. This license type also includes kitchens that are used for this purpose but are not located within a school.

37. Eating Place - School Satellite means a school that receives food items that were prepared at a separate location for final assembly, rethermalization (reheating) and service at the school satellite location.

38. Eating Place - Takeout means an eating place that prepares ready-to-eat food meant to be carried out for consumption off-site.

39. Eating Place - Temporary means an eating place or establishment that operates at a fixed location, for a period not exceeding 14 consecutive days, in conjunction with a single community event.

40. Employee means the permit holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in an eating establishment. This definition contains further clarification of the Maine Food Code (10-144 CMR Ch. 200, §1-201.10(B)(36)) for the purposes of this rule.

41. Employer means the license holder or individual(s) having supervisory or management duties.

42. Equipment means stoves, ovens, ranges, hoods, slicers, meat blocks, tables, counters, mixers, refrigerators, sinks, dishwashing machines, steam tables, and similar items, other than utensils, used in the operation of an establishment licensed by the Department under this rule.

43. Event/Temporary camping means overnight use of designated camping areas associated with a single event lasting 11 or fewer consecutive nights, or recurring events lasting four or fewer consecutive nights for 50 or fewer nights in a calendar year. Event camping may include, but is not limited to, race tracks, non-agricultural fairs, festivals, and shows where camping is incidental to the event occurring, and meets the event camping criteria in Section 4 of this rule.

44. Food means any raw, cooked or processed edible substance, ice, beverage, alcoholic beverage or ingredient used, or intended for use, or for sale, in whole, or in part, for human consumption. This definition contains further clarification of the Maine Food Code at 10-144 CMR Ch. 200, § 1-201.10(B)(43) for the purposes of this rule.

45. Foodborne outbreak means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food and epidemiological and/or laboratory investigations implicate the food as the source of the illness. This definition contains further clarification of the Maine Food Code at 10-144 CMR Ch. 200, § 1-201.10 (B)(44) for the purposes of this rule.

46. Food contact surface means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food. This definition contains further clarification of the Maine Food Code at 10-144 CMR Ch. 200, § 1-201.10(B)(45) for the purposes of this rule.

47. Food safety consultant means an independent professional business advisor who specializes in food safety, in accordance with a defined scope of work for a related fee. The food safety consultant works as an advocate for the clients in achieving their goals through the design and implementation of foodservice facilities, operations and active managerial control.

48. Guest body practitioner means an out-of-state tattoo artist, body piercer, micropigmentation practitioner or electrologist who practices body art at a body practitioner studio licensed by the Department in the State of Maine for a period not to exceed 14 days. Guest body practitioners must comply with relevant health and safety standards contained in Rules Relating to Body Piercing, Rules Relating to Tattooing, Rules Relating to Micropigmentation and/or the Rules for the Practice of Electrology (10-144 CMR Chs 209 -212).

49. Hazard analysis critical control point (HACCP) means a systematic evaluation of food preparation procedures to identify opportunities for bacterial contamination and growth. From this perspective, a public health inspector may then determine those circumstances which could result in the development of food-borne diseases. This definition contains further clarification of the Maine Food Code at 10-144 CMR Ch. 200, § 1-201.10(B)(53) for the purposes of this rule.

50. HACCP plan means a written document that describes the procedures required by HACCP principles developed by The National Advisory Committee on Microbiological Criteria for Foods. This definition contains further clarification of the Maine Food Code at 10-144 CMR Ch. 200, § 1-201.10(B)(54) for the purposes of this rule.

51. Health inspector means a person employed by or contracted with the Department or delegated municipality to engage in the promotion and protection of public health and safety. This definition contains further clarification of the Maine Food Code at 10-144 CMR Ch. 200, § 1-201.10(B)(57) for the purposes of this rule.

52. Hermetically sealed container means a container that is designed and intended to be secure against the entry of microorganisms and in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

53. Home kitchen means a kitchen intended for use by the residents of a dwelling or for food preparation for the dwelling owner's own overnight guests and may include a kitchen in a bed and breakfast which is licensed to serve the breakfast meal to its own overnight guests.

54. Imminent health hazards mean significant threats or dangers to health that are considered to exist when any product, practice, circumstance or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:

55. Indirect compensation means a consumer or patron's nonmonetary consideration to an entity subject to licensure in this rule for goods or services.

56. Infestation means the presence or visible evidence of rodents, cockroaches or other insects that may include but is not limited to:

57. Inspection means an on-site regulatory review of an establishment licensed by the Department's Health Inspection Program and conducted by a health inspector. The types of inspections include the following categories:

58. Law includes federal, State, and local statutes, ordinances, and rules.

59. Letter of enforcement or Notice of Noncompliancemeans a Department document that notifies a licensee, applicant or unlicensed entity requiring licensure of a licensing requirement or violation(s), outlines the actions to resolve any outstanding violations or requirements, and sets a deadline for the requirement of the correction of the violation(s).

60. Lodging place means a fixed structure or any part of a structure, used, maintained or advertised as a place where sleeping accommodations are furnished to offer stays temporary in nature that consist of fewer than 183 days in aggregate per year. A year is interpreted by the Department to mean any period of 365 consecutive days, rather than a calendar year, for the purposes of this rule. Lodging place includes accommodations in the entertainment, hospitality, recreation and tourism industries, including but not limited to hotels, motels, bed and breakfasts, inns and properties under common management at the same location where four or more rooms, cottages, or condominium units are available. Lodging place does not include: vacation rentals; youth camps; dormitories of charitable, educational, philanthropic institutions; fraternity and sorority houses affiliated with educational institutions; permanent residences; rental properties with a tenant landlord relationship as defined in 14 MRS Ch. 709-710D; nursing facilities as defined in 22 MRS §1812-A, assisted living programs as defined in 22 MRS §7852(4); or residential care facilities as defined in 22 MRS §7852(14). This definition contains further clarification of the Rules Relating to Lodging Establishments (10-144 CMR Ch. 206, § 1-B(18)) for the purposes of this rule.

61. Manager means any person, 18 years or older, who operates or is responsible for operating an establishment.

62. Mass gathering means any gathering held outdoors at temporary facilities, with the intent to attract the continued attendance of at least 2,000 persons for 12 or more hours.

63. Packaged means bottled, canned, cartoned, or securely wrapped. Packaged does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer. This definition contains further clarification of the Maine Food Code (10144 CMR Ch. 200 § 1-201.10(B)(73)) for the purposes of this rule.

64. Parking lot means an area or space that provides no water, no sanitary facilities, contains no fire rings, no campsites, and camping is not authorized or endorsed.

65. Permanent residence means the primary location where a person lives 183 days or more in a year in the aggregate. A year is interpreted by the Department to mean any period of 365 consecutive days, rather than a calendar year, for the purposes of this rule.

66. Person means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.

67. Person in charge means the individual present in an eating establishment at the time of inspection who has the authority to make operational decisions. There must be a person in charge present at the establishment during all hours of operation who is able to demonstrate knowledge of the Maine Food Code and perform specific duties specified by the Maine Food Code (10-144 CMR Ch. 200, § 2). This definition contains further clarification of the Maine Food Code (§ 1-201.10(B)(77)) for the purposes of this rule.

68. Personal chef means an individual hired to prepare at-home meals in a private household to serve the residents of their household and their personal guests. Meals are contracted in bulk by a resident of the home and are prepared and served on the premises of the residence.

69. Plan Review means a review conducted by the Department to assess the menu, equipment list and layout of an eating establishment to ensure compliance with the Maine Food Code and enable the inspector to address any potential issues and make a licensing determination.

70. Portion controlled means commercially pre-packaged individual items or food portioned by the employee from bulk containers, and presented individually to the consumer.

71. Potentially hazardous food means any food that requires time and/or temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation, and is further defined in the Maine Food Code (10-144 CMR Ch. 200, § 1-201.10(B)(84)(b)).

72. Public pool means any constructed or prefabricated pool, other than a residential pool or medical facility pool, that is intended to be used for swimming, recreational bathing, or wading. Examples include but are not limited to pools at hotels, childcare facilities, camps, or schools. This definition supplements the statutory definition at 22 MRS §2491(10-A) and the classifications of public pools in the Rules Relating to Public Pools and Spas (10-144 CMR Ch. 202, § 1(B)(13)).

73. Public Spa means any constructed spa, other than a residential spa or medical facility spa.

74. Reconstituted means dehydrated food products recombined with water or other liquids.

75. Recreational vehicle (RV) park means a campground that permits the use of RVs, as defined in the Rules Relating to Campgrounds (10-144 CMR Ch. 205§ 1-P(13)). An RV park is designed for seasonal sites or temporary occupancy and not for permanent residency.

76. Reduced oxygen packaging (ROP) is a method of food preparation as defined in the Maine Food Code (10-144 CMR Ch. 200, § 1-201.10(B)(91)).

77. Repeat violation means a violation determined and recorded during a previous inspection that has either reoccurred or not been corrected within the time required by the Department.

78. Restriction means a limitation placed on a license under this rule to further protect public health. Restrictions include, but are not limited to, requiring single-service articles only, bottled water exemptions, water meters or limiting meal service to breakfast, lunch or dinner (or to two meals) per day.

79. Safe temperatures, as applied to potentially hazardous food, means temperatures of 41° F or below (for cold food) and 135° F or above (for hot food) unless otherwise specified in this rule, and 0°F or below for frozen foods.

80. Salad bar operation means an area or areas where cold salads and/or salad ingredients are prepared, stored and displayed for consumer self-service.

81. Salad bar unit means a refrigerated unit or properly drained ice-filled unit where food is displayed for consumer self-service.

82. Sanitization means the application of cumulative heat or chemicals on cleaned foodcontact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to 99.999% reduction of representative disease microorganisms of public health importance.

83. Sealed means free of cracks or other openings, which permit the entry or passage of moisture and bacterial, viral, or chemical contaminants.

84. Senior citizen meal site means an eating establishment that prepares or serves potentially hazardous food for compensation to a predominantly senior citizen population. A senior citizen meal site does not include a place serving food to only its residents.

85. Servicing area means an operating base location, to which a mobile eating place or vehicle returns regularly, for services like vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and storing food. This definition contains further clarification of the Maine Food Code (10-144 CMR Ch. 200, § 1-201.10(B)(104)) for the purposes of this rule.

86. Single-service articles means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, placemats, napkins, doilies, wrapping materials, toothpicks and similar articles which are constructed wholly, or in part, from paper, paper board, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are designed by the manufacturers and generally used by the public for onetime, one-person use and then discarded. This definition contains further clarification of the Maine Food Code at 10-144 CMR Ch. 200, § 1-201.10(B)(110) for the purposes of this rule.

87. Sporting/recreational camp means a building or group of buildings offering eating and lodging facilities as well as recreational activities. A sporting/recreational camp provides four (4) or more rooms or cottages/cabins for rent, prepares and serves food to its lodging guests only, and facilitates access to outdoor recreational activities, such as snowmobiling, hunting and fishing. For the purposes of this definition, the Department considers each bunkhouse to be a separate room, cottage, or cabin. This definition supplements the statutory definition in 22 MRS § 2491(11). Sporting/recreational camps do not include programs overseen by employees or volunteers of municipalities and educational institutions when the activities generally take place at the municipal or institution property and buildings.

88. Utensil means any tableware and kitchenware used in the storage, preparation, conveying, or serving of food.

89. Vacation rental means a residential property that is rented for vacation, leisure or recreation purposes for a day, a week, or a month, and typically under 30 days but not for more than an entire summer or winter season, to a person who has a place of permanent residence to which the person intends to return.

90. Vending machine means any self-service device offered for public use, which, upon insertion of money, or by other similar means, dispenses unit servings of food other than in original sealed packages without the necessity of replenishing the device between vending operations for each customer. This definition contains further clarification of the Maine Food Code (10-144 CMR Ch. 200, § 1-201.10(B)(121)) for the purposes of this rule.

91. Vending machine company means a company that places vending machines at any site.

92. Violation means a critical or non-critical regulatory finding of non-compliance with this rule.

93. Wilderness recreational park means a recreational park containing only primitive sites and adhering to the Rules Relating to Campgrounds (10-144 CMR Ch. 205).

94. Youth camp means a combination of program and facilities established for the primary purpose of providing a group living experience for children with social, recreational, spiritual, and educational objectives and operated and used for five or more consecutive days during one or more seasons of the year. Youth camps include day camps, residential camps and trip and travel camps. See Youth Camps Rule (10-144 CMR Ch. 208). Youth camp does not include programs coordinated by and taking place on the properties of municipalities and/or educational institutions.