Current through Register 1518, March 29, 2024
(A)
Scope. FC 8-1 through 8-5 and 105 CMR 590.009 through
590.018 shall
govern the administration and enforcement of
105 CMR
590.000 in lieu of 105 CMR 400.000:
The State Sanitary Code, Chapter I: General Administrative
Procedures.
(B)
Local Enforcement. Unless otherwise expressly provided
in 105 CMR 590.009, each board of health is responsible for the administration
and enforcement of
105 CMR
590.000 and may enforce
105 CMR
590.000 by suspension or revocation of permits in
accordance with
105 CMR
590.014 or otherwise at law or in equity in
the same manner that local rules and regulations are enforced.
(C)
Food Establishments Outside
Jurisdiction of Board of Health. Food from a food establishment
outside the jurisdiction of the board of health of any particular city, town or
other legally constituted governmental unit may be sold or served within such
municipality if such food establishment complies with the provisions of
105 CMR
590.000. To determine the extent of compliance with
such provisions, the board of health may accept reports of the responsible
authorities in the other jurisdiction where such food establishment is located
or from the Director, or may inspect such establishment accompanied by the
responsible authorities in the other jurisdiction.
(D)
State
Enforcement.
(1) If as a result
of any study, inspection, or survey made by the Department, the Commissioner or
his or her authorized representative determines that compliance with
105 CMR
590.000 has not been effected, he shall, in writing,
notify the appropriate board of health of such determination, allotting a
reasonable time in which compliance shall be effected, and requesting that the
board of health, in writing, notify the Commissioner of what action will be and
has been taken, to effect compliance with
105 CMR
590.000.
(2) If the Commissioner is not so notified,
or if after notification he or she determines that action sufficient to effect
compliance with the provisions of
105 CMR
590.000 has not been taken, the board of health shall
be deemed to have failed to effect compliance with
105 CMR
590.000.
(3) Whenever any board of health has failed
after a reasonable length of time to enforce
105 CMR
590.000, the Department may enforce
105 CMR
590.000 in any way that a local board of health is
authorized to act to effect compliance.
(4) Notwithstanding any other provision of
105 CMR
590.000, if the Department determines that an imminent
health hazard exists resulting from the operation of a food establishment it
may without prior notice to the board of health take whatever action is
necessary to effect compliance with
105 CMR
590.000.
(E)
Interpretation of
105 CMR
590.000
. The Director may issue written
interpretations and guidelines as necessary to promote uniform application of
105 CMR
590.000. Upon the written request of a board of health
or permit holder, the Director may investigate and/or advise on particular
questions regarding interpretations of
105 CMR
590.000.
(F)
Reporting Requirements for
Local Boards of Health.
(1) The
board of health shall submit to the Department upon request, the following
information:
(a) Total number of food
establishment permits issued and routine inspections conducted for
establishments which are:
1. Inspected once a
year;
2. Inspected twice a
year;
3. Inspected three times a
year; and
4. Inspected more than
three times a year.
(b)
The number of full-time equivalent food inspectors, including contractors,
employed by the board of health to inspect food establishments;
(c) The number of and examples of variances
issued by the board of health over the previous 12 months;
(d) Copies of any innovative operations
approved by the board of health in accordance with
105 CMR
590.010(J);
(e) Other information as requested by the
Department.
(2) The
Department shall supply a form on which to submit the required
information.
(3) Upon request of
either the Department of Public Health or the Department of Elementary and
Secondary Education, the board of health shall report the results of each
school kitchen inspection and investigation, including any violations and steps
to remediate the violations, pursuant to M.G.L. c. 111, §
223(g).
