Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems
Section 665.050 - Order to Cease and Desist
Universal Citation: 105 MA Code of Regs 105.665
Current through Register 1531, September 27, 2024
(A) An Order to Cease and Desist may be issued by the Department or Board of Health to a person or a business agent of a retail establishment upon the regulatory authority's reasonable belief that:
(1) A person is
conducting sales of tobacco products in violation of the law, regulations,
and/or standards applicable to it;
(2) A person refuses access to the premises
and/or records to authorized enforcement agents;
(3) A person or retail establishment is
operating in a manner that may pose an imminent danger to the public
health;
(4) A retail establishment
has failed to comply with a correction order within the time specified;
or
(5) A retail establishment is
operating in a manner that is unsafe or otherwise below the accepted standards
for the type of operation and summary closure is authorized by statute on these
grounds.
(B) Service of Orders to Cease and Desist shall be on the person or retail establishment or business agent of the retail establishment by:
(1) Personal delivery by an agent of the
regulatory agency;
(2) Posting in a
conspicuous place at the retail establishment;
(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 person or retail establishment or business agent of the retail establishment has actual notice of the Order to Cease and Desist.
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