105 CMR, § 500.206 - Order to Cease and Desist

(A) An Order to Cease and Desist may be issued to the licensee, permit holder, person in charge, or operator upon belief that:

(1) An operator is conducting a food operation without the required license, permit, approval, or certification; or

(2) A licensee or permit holder is conducting its operation in violation of the law, regulations, and/or standards applicable to it; or

(3) A licensee or permit holder refuses access to the premises and/or records to authorized enforcement agents; or

(4) A licensee or permit holder is operating in a manner that may pose an imminent danger to the public health; or

(5) The licensee or permit holder has violated an embargo order; or

(6) The licensee or permit holder has failed to comply with an Order to Correct within the time specified; or

(7) The licensee or permit holder is operating in a manner that is unsafe, unsanitary, or otherwise below the accepted standards for the type of operation for which the license, permit, or approval was issued and summary closure is authorized by statute on these grounds.

(B) Service of Orders to Cease and Desist shall be on the licensee, permit holder, person in charge, or operator by:

(1) Personal delivery by an agent of the regulatory agency; or

(2) Posting in a conspicuous place at the licensed facility; or

(3) Simultaneously mailing, by first class and certified mail return receipt requested; or

(4) By any officer of the Commonwealth authorized to make service.

Notice is deemed to be served if the licensee, permit holder, person in charge, or operator has actual notice of the Order to Cease and Desist.

(C) Violations of Orders to Cease and Desist shall be enforced in Superior Court in the county where the operation is located, or in the Suffolk Superior Court by agreement of the parties.

Notes

105 CMR, § 500.206

Adopted by Mass Register Issue 1322, eff. 9/23/2016.