Chapter 539
H.P. 1651 - L.D. 2289
PART F
Sec. F-1. 22 MRSA §2494,  as amended by PL 2003, c. 673, Pt. X, §1, is further amended to read:
§ 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 into a special revenue account established for this purpose. No such fee may be refunded. No license may be assignable or transferable. The fees may not exceed:
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 not to exceed $100 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.
Sec. F-2. Commissioner of Health and Human Services; fees. The Commissioner of Health and Human Services shall increase the fees assessed under the Maine Revised Statutes, Title 22, section 2494, subsection 3 for the following establishments in the following amounts, up to a maximum of $175. The fee increases under this section take effect July 1, 2008.
1. For an eating establishment, the commissioner shall assess a base fee of $55 and a per seat fee of $4.
2. For a lodging place, the commissioner shall assess a base fee of $55 and a per room fee of $3.
3. For a recreational camp or a camping area, the commissioner shall assess a base fee of $55 and a site fee of $2.
Sec. F-3. Eliminate dual food licensing. Notwithstanding any other provision of law, the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulation shall eliminate dual food licensing in accordance with this Part.
Sec. F-4. Defining jurisdiction; food inspection. Notwithstanding any other provision of law, in defining jurisdiction for food inspection services the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulation shall apply a "predominance of business rule" based on a successful model used in the State of New York, where health and agriculture agencies share responsibility for food inspection. The Maine Center for Disease Control and Prevention is responsible for the inspection and regulation of places where food is consumed on the premises or sold ready-to-eat for off-premises consumption, including the site at which individual portions are provided. The Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulation is responsible for the inspection and regulation of places where food is processed or manufactured, food warehouses, wholesale food distributors and retail food stores.
Sec. F-5. Resolving overlapping jurisdiction. If an establishment has operations that may fall under the jurisdiction of both the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulation, the Department of Agriculture, Food and Rural Resources has jurisdiction over all operations of the establishment unless sales of food for consumption on the premises or ready-to-eat for off-premises consumption, measured by annual dollar receipts, exceeds 50% of total annual dollar receipts, in which case the Maine Center for Disease Control and Prevention has jurisdiction over the establishment. The field staff of the respective departments shall meet on a regular basis to resolve jurisdictional questions and issues.
Sec. F-6. Consistent application of policy, laws and rules. Notwithstanding any other provision of law, the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulation shall administer the State's food policy, laws and rules in a consistent way for all licensed establishments and in a manner that eliminates inspector and program "shopping" by licensees.
Sec. F-7. Conflicts and inconsistencies; proposed legislation. If the Commissioner of Health and Human Services and the Commissioner of Agriculture, Food and Rural Resources identify a conflict or inconsistency between provisions in the Maine Revised Statutes or rules adopted by the agencies, the commissioners shall attempt to resolve that conflict or inconsistency by interpreting the laws or rules together to give effect to the intent of the Legislature or agency, as the case may be. If the commissioners determine rulemaking is required to resolve a conflict or inconsistency, the commissioners shall adopt routine technical rules as authorized by law, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. In adopting rules under this section, the commissioners have sole discretion to determine whether an emergency exists. The commissioners may notify the members of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs prior to adopting any emergency rule under this section. The commissioners may jointly submit proposed legislation necessary to fully implement the intent of this Part by October 1, 2008 to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee may submit legislation to the 124th Legislature based on the proposed legislation.
Sec. F-8. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Health - Bureau of 0143
Initiative: Transfers 11 Sanitarian II positions, one Office Associate II position and health inspection license fee revenue from the General Fund to the Other Special Revenue Funds account within the Maine Center for Disease Control and Prevention, Health Inspection Program. Position detail is on file in the Bureau of the Budget.
| GENERAL FUND | 2007-08 | 2008-09 |
|
POSITIONS - LEGISLATIVE COUNT
|
0.000 | (12.000) |
|
Personal Services
|
$0 | ($770,769) |
|
All Other
|
$0 | ($186,028) |
 |
|
|
| GENERAL FUND TOTAL | $0 | ($956,797) |
| OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
|
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 12.000 |
|
Personal Services
|
$0 | $770,769 |
|
All Other
|
$0 | $155,937 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $926,706 |