Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 500.000 - Good Manufacturing Practices For Food
Administration and Enforcement
Section 500.204 - Notice of Violations/Order to Correct

Universal Citation: 105 CMR 500.000 MA Code of Regs 500.204

Current through Register 1531, September 27, 2024

(A) Whenever the regulatory agency finds upon inspection, investigation of a complaint, or through information in its possession that an applicant, licensee, or permit holder is not in compliance with any of the provisions of 105 CMR 500.000, the regulatory agency shall notify such person of each violation or deficiency. The notice shall include a statement of the violations or deficiencies found; the provisions of the law relied upon; the level of severity of the violation or deficiency, when appropriate; a reasonable period of time for correction; and notice that a violation or deficiency may result in a refusal to issue or renew or a suspension or revocation of a license, permit, or approval; a modification or limitation of a license, permit, or approval; an order to cease and desist; and/or the imposition of fines and/or administrative penalties, as applicable.

(B) The reasonable period of time for correction shall be within the discretion of the regulatory agency to establish in each instance, and shall be based on an evaluation of the type and the severity of each violation or deficiency.

(C) The inspection report may, if so stated, constitute the Notice of Violations/Order to Correct all violations or deficiencies indicated, or the regulatory agency may issue a separate Notice/Order. Both the inspection report and the Notice of Violations/Order to Correct shall constitute prima facie evidence of the violations stated therein.

(D) If critical violations are found, or if after review or reinspection the regulatory agency finds that the violations have not been corrected, the regulatory agency may issue a prescriptive order stating specific actions that the facility must take to correct the violations. The regulatory agency shall document the conditions that necessitate the specific actions.

(E) Service of the Notice of Violations/Order to Correct.

(1) Service shall be in person to the person in charge at the time of the inspection; or by certified mail, return receipt requested, to the address on file with the regulatory agency; or by any officer of the Commonwealth authorized to make service.

(2) If served personally, notice is deemed to be served on the date when the Notice of Violations/Order to Correct is delivered personally.

(3) If served by certified mail, return receipt requested, notice is deemed to be served on the second business day after it is mailed.

(4) Notice is deemed served if the applicant, licensee, permit holder, or person in charge has actual notice.

(F) The applicant, licensee, or permit holder shall be responsible for the correction of all violations or deficiencies and compliance with any order issued pursuant to 105 CMR 500.000 and applicable statutes.

(G) The completed inspection report form and other related enforcement documents are public records as defined in M.G.L. c. 4, § 7, clause 26th, unless a specific exemption applies in a particular case.

(H) All inspection report forms and other related enforcement documents shall be maintained by the regulatory agency for a minimum of seven years, or longer if otherwise required by law.

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