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Ex. DUT-MA-019 Standing duty Primary source read

105 CMR 590.014(A)

Permits: Suspension and Revocation; Summary Suspension of Permit/Emergency Closure without a Prior Hearing

Department of Public Health (State Sanitary Code, Chapter X; enforced by local boards of health) · Massachusetts (State)

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The record

Jurisdiction
Massachusetts
Level
State
Authority
G.L. c. 111, ss. 3, 5, 127A; G.L. c. 94, s. 305C; 105 CMR 590.000 (adopting the 2013 FDA Food Code, 590.001(A))
Issued
2026-09-28 Sept. 28, 2026
Effective
standing (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses (food establishments and their permit holders and persons in charge)
Character
sanitary code duty
Collection
Standing duties: Massachusetts DUT-MA

Operative words

(1) In accordance with M.G.L. 111, s. 30, the board of health or its authorized agent, as determined by the board of health, may, without a prior hearing, suspend a permit to operate a food establishment or to operate one or more particular operations if an imminent health hazard is found to exist.

Penalty

Summary permit suspension and closure; 105 CMR 590.016: fines up to $100 for a first and $500 for a subsequent offense per violation or failure to comply with an order

What it required

Every food establishment (restaurants, food retailers, institutional food service) operated under a permit that the board of health could suspend summarily, without prior hearing, for an imminent health hazard, the order to be posted at the public entrance; the same Chapter adopts the Food Code's employee-health provisions (exclusion of ill food employees) and provides criminal penalties for violating its provisions or failing to comply with its orders (105 CMR 590.016).

Retrieval note

105 CMR 590.001(A), 590.002 and 590.016 were read on LII (not saved): 590.001(A) adopts the 2013 Food Code with Massachusetts amendments; 590.002 requires a trained person in charge present 'during all hours of the operation'; 590.016(A)-(B) sets the criminal penalties. The restaurant sector rules under Order No. 33 operated on top of this standing permit regime.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.