Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 500.000 - Good Manufacturing Practices For Food
Administration and Enforcement
Section 500.206 - Order to Cease and Desist
Universal Citation: 105 CMR 500.000 MA Code of Regs 500.206
Current through Register 1531, September 27, 2024
(A) An Order to Cease and Desist may be issued to the licensee, permit holder, person in charge, or operator upon belief that:
(1) An
operator is conducting a food operation without the required license, permit,
approval, or certification; or
(2)
A licensee or permit holder is conducting its operation in violation of the
law, regulations, and/or standards applicable to it; or
(3) A licensee or permit holder refuses
access to the premises and/or records to authorized enforcement agents;
or
(4) A licensee or permit holder
is operating in a manner that may pose an imminent danger to the public health;
or
(5) The licensee or permit
holder has violated an embargo order; or
(6) The licensee or permit holder has failed
to comply with an Order to Correct within the time specified; or
(7) The licensee or permit holder is
operating in a manner that is unsafe, unsanitary, or otherwise below the
accepted standards for the type of operation for which the license, permit, or
approval was issued and summary closure is authorized by statute on these
grounds.
(B) Service of Orders to Cease and Desist shall be on the licensee, permit holder, person in charge, or operator by:
(1) Personal delivery
by an agent of the regulatory agency; or
(2) Posting in a conspicuous place at the
licensed facility; or
(3)
Simultaneously mailing, by first class and certified mail return receipt
requested; or
(4) By any officer of
the Commonwealth authorized to make service.
Notice is deemed to be served if the licensee, permit holder, person in charge, or operator has actual notice of the Order to Cease and Desist.
(C) Violations of Orders to Cease and Desist shall be enforced in Superior Court in the county where the operation is located, or in the Suffolk Superior Court by agreement of the parties.
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