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issue a conditional license, except when conditions are found which | | that present a serious danger to the health and safety of the | public. A conditional license shall | | by the conditional licensee to meet the conditions specified by the | department shall permit | | conditional license. |
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| | | Sec. X-3. 22 MRSA §2496, first ¶, as enacted by PL 1975, c. 496, §3, is | | amended to read: |
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| | | 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. These rules must include a | | requirement that all licensed eating establishments employ at | | least one certified food protection manager.__The department may | | by rule establish a timetable to phase in the requirement for | | eating establishments to comply with the requirement to employ at | | least one certified food protection manager, as long as all | | eating establishments comply with that requirement no later than | | January 1, 2007.__The department shall establish levels of food | | protection manager licensure corresponding to levels of risk.__ | | Degree of risk is based on items such as history of noncompliance | | with departmental rules, recent changes to the licensed | | establishment, duration or reoccurrence of a violation of | | departmental rules, size of the client population, type of | | population served and drinking water and wastewater system | | integrity.__Rules adopted to implement the requirement that all | | eating establishments employ at least one certified food | | protection manager are routine technical rules as defined in | | Title 5, chapter 375, subchapter 2-A. |
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| | | Sec. X-4. 22 MRSA §2498, sub-§1, ¶¶A and C, as enacted by PL 1991, c. | | 591, Pt. J, §5, are amended to read: |
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| | | 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 $50 | | 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. |
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| | | 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 |
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