The COVID Project
The record
- Jurisdiction
- Maine
- Level
- State
- Authority
- 22 M.R.S. secs. 42, 2496 (Ex. DUT-ME-008); 7 M.R.S. sec. 12 and ch. 551 (DACF); Maine Administrative Procedure Act, 5 M.R.S. ch. 375
- Issued
- 2013-10-01 Oct. 1, 2013
- Effective
- standing; in force throughout March 2020 to September 2021 as the rule governing every licensed eating establishment (read as 2013-10-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Oct. 1, 2013 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureWorkplace rulesStanding dutyOperating condition
- Addressees
- specified businesses (eating establishments and food establishments holding a DHHS or DACF permit); persons in charge and food employees
- Character
- sanitary code duty
- Collection
- Standing duties: Maine DUT-ME
Operative words
Upon acceptance of the Permit issued by the Regulatory Authority, the Permit Holder in order to retain the Permit shall:... (B) Comply with the provisions of this Code...; (H) Comply with directives of the Regulatory Authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives... in response to community emergencies
Penalty
sec. 8-304.11(J): the permit holder is 'subject to the administrative, civil, injunctive, and criminal remedies authorized in Law for failure to comply with this Code or a directive of the Regulatory Authority'; 22 M.R.S. secs. 2498 and 2500 (Ex. DUT-ME-008): daily fines, correction orders, Attorney General injunction, emergency suspension of license
What it required
Every eating establishment, as a condition of retaining its permit, to comply with the Food Code and with every directive of the Health Inspection Program including those issued 'in response to community emergencies,' to require employees to report transmissible-disease symptoms and to exclude or restrict them (sec. 2-201.11), to 'immediately discontinue operations and notify the Regulatory Authority if an Imminent Health Hazard may exist because of an emergency such as... onset of an apparent foodborne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health' (sec. 8-404.11(A)), and to obtain approval before resuming (sec. 8-404.12).
Retrieval noteThe Health Inspection Program's own PDF of the Code (cover: 'STATE OF MAINE FOOD CODE 2013... 10-144 CMR 200 &... 01-01 CMR 331, LAST AMENDED: OCTOBER 1, 2013'). The DECD Seated Food and Drink Service checklist (Ex. ME-082) and the Restarting Plan operated on top of these standing permit conditions: the checklist's 'Staff must stay at home if they are sick. Supervisors must ask all staff to self-screen for COVID-19 symptoms' is the pandemic application of sec. 2-201.11, and the license lever recited in EO 28 sec. IV(F), EO 2 FY 20/21 sec. II and EO 19-A sec. III (Exs. ME-011, ME-029, ME-046) is the lever of sec. 8-304.11(J) and 22 M.R.S. sec. 2500.