Maine Statute | Act | Code |Title 22. Health And Welfare| US Code - US Statute | Chapter 562. Camping Areas And Eating Establishments

Title 22 - §2491. Definitions

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2491. Definitions

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [1975, c. 496, §3 (new).]

1. Camping area. "Camping area" means, in addition to the general accepted interpretations, seashore resorts, lakeshore places, picnic and lunch grounds or other premises where tents or recreational vehicles are permitted to be parked for compensation either directly or indirectly. [1979, c. 30, §1 (amd).]

2. Catering establishments. "Catering establishments" means any kitchen, commissary or similar place in which food or drink is prepared for sale or service elsewhere or for service on the premises during special catered events. [1975, c. 496, §3 (new).]

3. Commissioner. "Commissioner" means the Commissioner of Health and Human Services. [1975, c. 293, §4 (amd); 2003, c. 689, Pt. B, §7 (rev).]

4. Cottage. "Cottage" means a single structure where sleeping accommodations are furnished to the public as a business for a day, week or month, but not for more than the entire summer season. [1975, c. 496, §3 (new).]

5. Department. "Department" means the Department of Health and Human Services. [1975, c. 293, §4 (amd); 2003, c. 689, Pt. B, §6 (rev).]

6. Eating and lodging places or lodging place. "Eating and lodging place or lodging place" means every building or structure or any part thereof kept, used as, maintained as, advertised as or held out to the public to be a place where eating and sleeping or sleeping accommodations are furnished to the public as a business, such as hotels, motels, guest homes and cottages. [1975, c. 496, §3 (new).]

7. Eating establishment. "Eating establishment" means any place where food or drink is prepared and served, or served to the public for consumption on the premises, or catering establishments, or establishments dispensing food from vending machines, or establishments preparing foods for vending machines dispensing foods other than in original sealed packages, such as hotels, motels, boarding homes, restaurants, mobile eating places, coffee shops, cafeterias, short order cafes, luncheonettes, grills, tearooms, sandwich shops, soda fountains, bars, cocktail lounges, night clubs, roadside stands, industrial feeding establishments, private or public institutions routinely serving foods, retail frozen dairy product establishments, airports, parks, theaters, vacation camps or any other catering or nonalcoholic drinking establishments or operations where food is prepared and served or served for consumption on the premises, or catering establishments where food is prepared, or where foods are prepared for vending machines dispensing food other than in original sealed packages. [1979, c. 672, Pt. A, §59 (amd).]

8. Mobile eating place. "Mobile eating place" means a mobile vehicle designed and constructed to transport, prepare, sell or serve food at a number of sites and capable of being moved from its serving site at any time. [1975, c. 496, §3 (new).]

9. Mobile home. [1983, c. 553, §18 (rp).]

10. Mobile home park. [1983, c. 553, §18 (rp).]

11. Recreational camp. "Recreational camp" means and includes day camps, boys' and girls', family, hunting, fishing and similar camps. [1975, c. 496, §3 (new).]

12. Sanitarian. "Sanitarian" means a person whose education and experience in the biological and sanitary sciences qualify him to engage in the promotion and protection of the public health. He applies technical knowledge to solve problems of a sanitary nature and develops methods and carries out procedures for the control of those factors of man's environment which affect his health, safety and well-being. [1975, c. 496, §3 (new).]

13. Vending machine establishment. "Vending machine establishment" means any establishment preparing foods for vending machines dispensing foods other than in original sealed packages. [1975, c. 496, §3 (new).]

14. Vending machine. "Vending machine" shall mean any self-service device offered for public use which, upon insertion of a coin, coins or token or by other similar means, dispenses unit servings of food without the necessity of replenishing the device between vending operations. [1975, c. 496, §3 (new).]

15. Retail frozen dairy product establishment. "Retail frozen dairy product establishment" means any place, premise or establishment and any part thereof where frozen dairy products, such as ice cream, frozen custard, ice milk, sherbert, ices and related food products are prepared for consumption on or off premises. [1979, c. 672, Pt. A, §60 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2492. License required

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2492. License required

1. License required. A person, corporation, firm or copartnership may not conduct, control, manage or operate the following establishments for compensation, directly or indirectly, without a license issued by the department:

A. An eating establishment; [2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

B. An eating and lodging place; [2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

C. A lodging place; [2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

D. A recreational camp; or [2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

E. A camping area. [2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

Licenses issued must be displayed in a place readily visible to customers or other persons using a licensed establishment. [2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

2. Violation. A person, corporation, firm or copartnership may not:

A. Violate subsection 1; or [2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

B. Violate subsection 1 after having previously violated subsection 1. [2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

3. Camping area; presumption. If a camping area consists of 5 or more tents or recreational vehicles on a commercial lot, it is presumed that the owner or renter of the lot is receiving compensation for the use of a camping area. The owner or renter may rebut the presumption if the owner or renter presents a preponderance of evidence to the contrary. [2003, c. 452, Pt. K, §20 (new); Pt. X, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2493. Applicant

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2493. Applicant

Any person, corporation, firm or copartnership desiring a license shall submit satisfactory evidence of his, her or its ability to comply with the minimum standards of this chapter and all regulations adopted thereunder. [1975, c. 496, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2494. Fees

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2494. Fees

Each application for, or for renewal of, a license to operate an eating establishment, eating and lodging place, lodging place, recreational camp or camping area within the meaning of this chapter must be accompanied by a fee, appropriate to the size of the establishment, place, camp or area of the licensee, determined by the department and not to exceed the fees listed below. All fees collected by the department must be deposited in the General Fund. No such fee may be refunded. No license may be assignable or transferable. The fees may not exceed: [2003, c. 673, Pt. X, §1 (amd).]

1. One hundred dollars. One hundred dollars for:

A. Public schools governed by a school board of an administrative unit; [1987, c. 838, §1 (new).]

B. Private secondary schools approved for tuition when school enrollments are at least 60% publicly funded students as determined by the previous school year's October to April average enrollment; and [1987, c. 838, §1 (new).]

C. Schools operated by an agency of State Government for the education of children in unorganized territories; [1987, c. 838, §1 (new).]

[2003, c. 673, Pt. X, §1 (amd).]

2. Sixty dollars. Sixty dollars for each inspection for any eating establishment that is located in a municipality that requires local inspections of eating establishments; and [2003, c. 673, Pt. X, §1 (amd).]

3. One hundred fifty dollars. One hundred fifty dollars for all other establishments, places and camps not included in subsection 1 or 2. [2003, c. 673, Pt. X, §1 (amd).]
div>
All such fees are for the license, 2 licensure inspections and one follow-up inspection. When additional inspections are required to determine an applicant's eligibility for licensure, the department is authorized through its rules to charge an additional $35 fee to cover the costs of each additional inspection or visit. Failure to pay such charges within 30 days of the billing date constitutes grounds for revocation of the license, unless an extension for a period not to exceed 60 days is granted in writing by the commissioner. [2003, c. 673, Pt. X, §1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2495. Issuance of licenses

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2495. Issuance of licenses

The department shall, within 30 days following receipt of application, issue an annual license to operate any eating establishment, eating and lodging place, lodging place, recreational camp or camping area which is found to comply with this chapter and the regulations adopted by the department. [1983, c. 553, §21 (amd).] div>
When any initial applicant is found, based upon an inspection by the department or by municipal inspection made according to section 2499, not in compliance with the requirements of this chapter or departmental regulations adopted and approved pursuant to section 2496 or 2499, subsection 1, the department may refuse issuance of the initial license, but shall issue a conditional license, except when conditions are found that present a serious danger to the health and safety of the public. A conditional license may not exceed 90 days. Failure by the conditional licensee to meet the conditions specified by the department permits the department to void the conditional license. [2003, c. 673, Pt. X, §2 (amd).] div>
The conditional license shall be void when the department has delivered in hand or by certified mail a written notice to the conditional licensee or, if the licensee cannot be reached for service in hand or by certified mail, has left notice thereof at the facility. [1981, c. 203, §1 (rpr).] div>
The department may redistribute expiration dates for new and renewed licenses to provide for comparable distribution of licenses on a quarterly basis throughout the year and shall prorate the fees for licenses with a term less or more than one year. The prescribed fee shall accompany the application for a new license, or the renewal of a license. [1981, c. 203, §1 (rpr).] div>
Licenses shall be renewed upon application therefor and upon payment of the prescribed fee and subject to compliance with regulations of the department and with this chapter. The department shall provide licensees with notice of the need for renewal and necessary forms no less than 30 days prior to the expiration of the license. [1981, c. 203, §1 (rpr).] div>
The issuance of the license provided for in this chapter does not provide exemption from other state or local laws, ordinances or regulations, notwithstanding any other provision of law. [1981, c. 203, §1 (rpr).] div>
Licenses erroneously issued by the department are void and shall be returned to the department on demand in a notice delivered by hand or by certified mail to the licensee. For cause, the department may revoke or suspend any license pursuant to section 2500. [1981, c. 203, §1 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2496. Rules and policies

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2496. Rules and policies

1. Department rulemaking. The department is authorized and empowered to make and enforce all necessary rules and regulations for the administration of this chapter, and may rescind or modify such rules and regulations from time to time as may be in the public interest, insofar as such action is not in conflict with any of the provisions of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 140, §1 (new).]

2. Recreational camps for children; emergency medication. A recreational camp for boys or girls must have a written policy authorizing campers to self-administer emergency medication, including, but not limited to, an asthma inhaler or an epinephrine pen. The written policy must include the following requirements:

A. A camper who self-administers emergency medication must have the prior written approval of the camper's primary health care provider and the camper's parent or guardian; [2005, c. 140, §1 (new).]

B. The camper's parent or guardian must submit written verification to the camp from the camper's primary health care provider confirming that the camper has the knowledge and the skills to safely self-administer the emergency medication in camp; [2005, c. 140, §1 (new).]

C. The camp health staff must evaluate the camper's technique to ensure proper and effective use of the emergency medication in camp; and [2005, c. 140, §1 (new).]

D. The emergency medication must be readily available to the camper. [2005, c. 140, §1 (new).]

[2005, c. 140, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2497. Right of entry and inspection

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2497. Right of entry and inspection

The department and any duly designated officer or employee of the department have the right, without an administrative inspection warrant, to enter upon and into the premises of any establishment licensed pursuant to this chapter at any reasonable time in order to determine the state of compliance with this chapter and any rules in force pursuant to this chapter. The department shall make an inspection of the premises of any establishment licensed under this chapter at least once in each year. Such right of entry and inspection extends to any premises which the department has reason to believe is being operated or maintained without a license but no such entry and inspection of any premises may be made without the permission of the owner or person in charge unless a search warrant is obtained authorizing entry and inspection. The department and any duly designated officer or employee of the department do not have the right to enter, for inspection under this chapter, upon and into the premises of any establishment that is licensed under chapter 551, subchapter I. [1991, c. 528, Pt. J, §4 (amd); Pt. RRR (aff); c. 591, Pt. J, §4 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2498. Fines and penalties

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2498. Fines and penalties

1. Authorization. The department is authorized to impose one or more of the following sanctions when a violation of this chapter, or rules enacted pursuant to this chapter, occurs and the department determines that a sanction is necessary and appropriate to ensure compliance with state licensing rules or to protect the public health.

A. The department may impose penalties for violations of this chapter, or the rules enacted pursuant to this chapter, on any eating establishment, eating and lodging place, lodging place, recreational camp or camping area. The penalties may not be greater than $100 for each violation. Each day that the violation remains uncorrected may be counted as a separate offense. Penalties may be imposed for each violation of the rules. [2003, c. 673, Pt. X, §3 (amd).]

B. The department may direct an eating establishment, eating and lodging place, lodging place, recreational camp or camping area to correct any violations in a manner and within a time frame that the department determines is appropriate to ensure compliance with state rules or to protect the public health. Failure to correct violations within the time frames constitutes a separate finable violation. [1991, c. 528, Pt. J, §5 (new); Pt. RRR (aff); c. 591, Pt. J, §5 (new).]

C. Any person, corporation, firm or copartnership that operates any eating establishment, eating and lodging place, lodging place, recreational camp or camping area without first obtaining a license as required by this chapter must be punished, upon conviction, by a fine of not less than $25 nor more than $200, and upon 2nd or subsequent conviction, must be punished by a fine of not less than $200. Each day any such person, corporation, firm or copartnership operates without obtaining a license constitutes a separate offense. [2003, c. 673, Pt. X, §3 (amd).]

D. In the event of any violation of this section or any rule pursuant to this chapter, the Attorney General may seek to enjoin a further violation, in addition to any other remedy. [1991, c. 528, Pt. J, §5 (new); Pt. RRR (aff); c. 591, Pt. J, §5 (new).]

[2003, c. 673, Pt. X, §3 (amd).]

2. Schedule of penalties. The department shall establish a schedule of penalties according to the nature and duration of the violation. [1991, c. 528, Pt. J, §5 (new); Pt. RRR (aff); c. 591, Pt. J, §5 (new).]

3. Enforcement and appeal. Enforcement and appeal of this section is as follows.

A. The department may impose any fine in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, providing the licensee the opportunity for an administrative hearing. [1991, c. 528, Pt. J, §5 (new); Pt. RRR (aff); c. 591, Pt. J, §5 (new).]

B. Licensees that are fined pursuant to this chapter are required to pay the department the amount of the penalties. If a licensee has not paid any collectible fines by the time of its license renewal, the department may collect such fines by requiring their payment prior to the processing of any license renewal application. An appeal of the department's decision to fine a licensee stays the collection of any fine. Interest must accrue on fines at a rate described in Title 14, section 1602-B prior to the completion of any appeal. After the completion of any appeal process or after any appeal period has passed, interest must accrue pursuant to Title 14, section 1602-C. [2003, c. 460, §11 (amd).]

[2003, c. 460, §11 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2499. Municipal inspections

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2499. Municipal inspections

Notwithstanding any other provisions of this chapter, the department may issue a license to establishments as defined in section 2491 on the basis of an inspection performed by an inspector who works for and is compensated by the municipality in which such establishment is located, but only if the following conditions have been met. [1975, c. 496, §3 (new).]

1. Adopted rules, regulations; code of standards. The municipality involved has adopted a set of rules and regulations, ordinances or other code of standards for such establishments which has been approved by the department and which is consistent with the regulations used by the department for the issuance of such licenses in effect at the time of inspection. [1975, c. 496, §3 (new).]

2. Qualified to make inspections. No municipal employed sanitarians shall make inspections under the provisions of this chapter unless certified as qualified by the Commissioner of Health and Human Services. [1975, c. 496, §3 (new); 2003, c. 689, Pt. B, §7 (rev).]

3. Inspection to ascertain intent. The department may from time to time inspect such municipally inspected establishments to ascertain that the intent of these statutes is being followed. [1975, c. 496, §3 (new).]

4. Inspection reports. The municipalities shall furnish the department copies of its inspection reports relating to said inspections on a monthly basis. [1975, c. 496, §3 (new).]

5. Charge. Municipalities may not charge the department for performing such inspections. [1975, c. 496, §3 (new).]

6. License fee. When a license is issued to an eating establishment located in a municipality to which authority to conduct inspection has been delegated by the department as specified in this section, the requirement for payment of a license fee by the establishment to the department as set forth in section 2494 must be waived. However, the licensee is required to pay the department a sum not to exceed $60 to support the costs of mailing and handling. [2003, c. 673, Pt. X, §4 (amd).]

7. Licenses. Licenses issued under this section must be displayed, renewed and in every other way treated the same as licenses issued under this chapter on the basis of inspection by the department. [2003, c. 673, Pt. X, §5 (amd).]

8. Certification. Certification of municipally employed sanitarians shall be in accordance with standards set by the commissioner and shall be for a period of 3 years. [1975, c. 496, §3 (new).]

9. Delegation renewal. Beginning January 1, 2005, and every 3 years thereafter, the department shall review the restaurant inspection program of the municipalities to which authority to conduct inspections has been delegated. The process for the delegation of this authority and other such provisions describing the assignment of and removal of this delegation of authority must be established by rule and must include, but not be limited to, staff competency, enforcement and compliance history, inspection practices and reporting practices. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [2003, c. 673, Pt. X, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2500. Suspension or revocation; appeals

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2500. Suspension or revocation; appeals

When the department believes a license should be suspended or revoked, it shall file a complaint with the District Court in conformity with the Maine Administrative Procedure Act. A person aggrieved by the refusal of the department to issue a license may request a hearing in conformity with the Maine Administrative Procedure Act. [1977, c. 694, §352 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).] div>
Whenever, upon inspection, conditions are found which violate this chapter or regulations adopted thereunder, or which may endanger the life, health or safety of persons living in or attending any licensed establishment under this chapter, the department may request an emergency suspension of license of the District Court pursuant to Title 4, section 184, subsection 6, and the court may grant suspension subject to reinstatement following a hearing before the court if cause is not shown. [1999, c. 547, Pt. B, §41 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2501. Exceptions

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 562: CAMPING AREAS AND EATING ESTABLISHMENTS

§2501. Exceptions

Private homes shall not be deemed or considered lodging places and subject to a license where not more than 3 rooms are let. A license shall not be required from dormitories of charitable, educational or philanthropic institutions, fraternity and sorority houses affiliated with educational institutions, or from private homes used in emergencies for the accommodation of persons attending conventions, fairs or similar public gatherings, nor from temporary eating and lodging places for the same, nor from railroad dining or buffet cars, nor from construction camps, nor from boarding houses and camps conducted in connection with wood cutting and logging operations, nor from any boarding care facilities or children's homes which are licensed under section 7801. [1977, c. 78, §148 (amd).] div>
Cottages shall not be deemed or considered lodging places and subject to a license where not more than 3 cottages are let. [1975, c. 496, §3 (new).] div>
Stores or other establishments, where bottled soft drinks or ice cream is sold for consumption from the original containers only, and where no tables, chairs, glasses or other utensils are provided in connection with such sale, shall not be considered eating places within the meaning of this section. At such establishments, straws or spoons may be provided to aid in the consumption of such bottled soft drinks or ice cream, provided they shall be supplied in original individual single service sterile packages. [1975, c. 496, §3 (new).] div>
Nonprofit organizations including, but not limited to, 4-H Clubs, scouts and argicultural societies shall be exempt from department rules and regulations relating to dispensing foods and nonalcoholic beverages at not more than 12 public events or meals within one calendar year. [1975, c. 496, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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