Special Requirements

(A) Scope. FC 8-1 through 8-5 and 105 CMR 590.009 through 590.018 shall govern the administration and enforcement of 105 CMR 590.000 in lieu of 105 CMR 400.000: The State Sanitary Code, Chapter I: General Administrative Procedures. (B) Local Enforcement. Unless otherwise expressly provided in 105 CMR 590.009, each board of health is responsible for the administration and enforcement of 105 CMR 590.000 and may enforce 105 CMR 590.000 by suspension or revocation of permits in accordance with 105 CMR 590.014 or otherwise at law or in equity in the same manner that local rules and regulations are enforced. (C) Food Establishments Outside Jurisdiction of Board of Health. Food from a food establishment outside the jurisdiction of the board of health of any particular city, town or other legally constituted governmental unit may be sold or served within such municipality if such food establishment complies with the provisions of 105 CMR 590.000. To determine the extent of compliance with such provisions, the board of health may accept reports of the responsible authorities in the other jurisdiction where such food establishment is located or from the Director, or may inspect such establishment accompanied by the responsible authorities in the other jurisdiction. (D) State Enforcement. (1) If as a result of any study, inspection, or survey made by the Department, the Commissioner or his or her authorized representative determines that compliance with 105 CMR 590.000 has not been effected, he shall, in writing, notify the appropriate board of health of such determination, allotting a reasonable time in which compliance shall be effected, and requesting that the board of health, in writing, notify the Commissioner of what action will be and has been taken, to effect compliance with 105 CMR 590.000. (2) If the Commissioner is not so notified, or if after notification he or she determines that action sufficient to effect compliance with the provisions of 105 CMR 590.000 has not been taken, the board of health shall be deemed to have failed to effect compliance with 105 CMR 590.000. (3) Whenever any board of health has failed after a reasonable length of time to enforce 105 CMR 590.000, the Department may enforce 105 CMR 590.000 in any way that a local board of health is authorized to act to effect compliance. (4) Notwithstanding any other provision of 105 CMR 590.000, if the Department determines that an imminent health hazard exists resulting from the operation of a food establishment it may without prior notice to the board of health take whatever action is necessary to effect compliance with 105 CMR 590.000. (E) Interpretation of 105 CMR 590.000. The Director may issue written interpretations and guidelines as necessary to promote uniform application of 105 CMR 590.000. Upon the written request of a board of health or permit holder, the Director may investigate and/or advise on particular questions regarding interpretations of 105 CMR 590.000. (F) Reporting Requirements for Local Boards of Health. (1) The board of health shall submit to the Department upon request, the following information: (a) Total number of food establishment permits issued and routine inspections conducted for establishments which are: 1. Inspected once a year; 2. Inspected twice a year; 3. Inspected three times a year; and 4. Inspected more than three times a year. (b) The number of full-time equivalent food inspectors, including contractors, employed by the board of health to inspect food establishments; (c) The number of and examples of variances issued by the board of health over the previous 12 months; (d) Copies of any innovative operations approved by the board of health in accordance with 105 CMR 590.010(J); (e) Other information as requested by the Department. (2) The Department shall supply a form on which to submit the required information. (3) Upon request of either the Department of Public Health or the Department of Elementary and Secondary Education, the board of health shall report the results of each school kitchen inspection and investigation, including any violations and steps to remediate the violations, pursuant to M.G.L. c. 111, § 223(g).