Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 500.000 - Good Manufacturing Practices For Food
Administration and Enforcement
Section 500.205 - Plan of Correction

Universal Citation: 105 CMR 500.000 MA Code of Regs 500.205

Current through Register 1531, September 27, 2024

(A) The applicant, licensee, or permit holder, within the time specified in the Notice of Violations/Order to Correct, shall file a written plan of correction, certified under the pains and penalties of perjury.

(B) Each plan of correction shall:

(1) State the name of the applicant, licensee, or permit holder and the name of the individual and address for receipt of notices;

(2) Reference each violation or deficiency cited, and for each indicate:
(a) The specific corrective action completed and the date the work was completed; and/or

(b) Where corrective action was not yet completed, the specific corrective action planned and the timetable and date for completion, which is in accordance with the date indicated in the Notice of Violations/Order to Correct; and

(3) Include the date and the signature of the applicant, licensee, or permit holder or his or her official designee, sworn to under the pains and penalties of perjury.

(C) If the applicant, licensee, or permit holder cannot complete the corrective action within the time frame designated in the Notice of Violations/Order to Correct, such person must petition the regulatory agency in writing for an extension of the time to correct. Any petition to extend the time to correct must be submitted to the regulatory agency prior to the date indicated in the Notice of Violations/Order to Correct for the violation or deficiency to be corrected. An untimely petition for extension will not be considered unless good cause can be shown for the failure to file in a timely manner. A petition for an extension of time shall include the reason(s) that the correction cannot be timely completed (e.g. the work requires a permit which will not be issued within the time period granted), including documentary evidence in support and a specific time by which the facility will complete corrections. The regulatory agency shall notify the applicant, licensee, or permit holder whether an extension of the time is granted and the duration of the extension, if it is granted.

(D) The regulatory agency may reinspect a facility to determine whether the violations have been corrected.

(E) If upon review of the plan of correction and/or upon reinspection the regulatory agency finds that an applicant, licensee, or permit holder remains noncompliant with applicable laws and regulations, the regulatory agency may:

(1) Initiate enforcement procedures as set forth in 105 CMR 500.207; or

(2) Request that the applicant, licensee, or permit holder amend and resubmit the plan of correction within ten calendar days of the issuance of the notice or such other time as the regulatory agency may specify for resubmission; or

(3) Issue a prescriptive order that requires specific actions as described in 105 CMR 500.204(D).

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