Health Inspection Program
Lisa Roy, Program Manager
Emergency Consultation and Disease Reporting hotline.
For emergency after hours calls please call 1-800-821-5821.
The Health Inspection Program exists to provide licensing and inspection services for a number of different types of businesses to regulate and protect the public health. Health Inspectors from the Department inspect licensed establishments thoughout the State on a regular basis for conformance with state rules.
Proposed Maine Food Code
The public hearing is scheduled for 10:00 a.m. on May 22, 2013 at the Key Bank Plaza on 286 Water Street in Augusta, Maine. The hearing notice will be advertised today May 1st at Maine’s Secretary of State’s web site, as well as 5 major newspapers (Morning Sentinel, Lewiston Sun Journal, Bangor Daily News, Portland Press Herald, and Kennebec Journal).
Here is the link to the proposed changes to the Maine Food Code. All text is underlined, because this rulemaking proposes a total repeal and replace of the 2001 Maine Food Code, currently in effect. For guidance, here is a link that highlights the major substantive changes proposed.
Please contact Tera Pare, Rulemaking Coordinator, at firstname.lastname@example.org, if you have any questions or comments. The Maine CDC Health Inspection Program and the Department of Agriculture, Conservation and Forestry will respond to all comments in writing, after the comment period ends on June 3, 2013.
The Department has submitted a bill to the 126th Legislature LD 1387 An Act to Provide Clarity and Consistency in Routine Public Health Licensing Activities. A public hear has not yet been scheduled.
This bill makes changes in licensing laws administered by the Department of Health and Human Services for the purposes of clarity and consistency. The bill clarifies to whom the definitions of "eating establishment" and "lodging place" apply, applies license fine and penalty provisions to public pools and public spas and provides a procedure for the referral of persons who fail to pay certain licensing penalties to the Attorney General's office for prosecution. This bill also allows the Department to recover any interests, costs, or fees incurred by the Department.
The bill makes changes in the laws governing electrologists, tattoo artists and persons performing micropigmentation and body piercing to increase fines for violations and provide consistency in regulation and enforcement among these professionals.
The bill also makes toilet facility requirements for eating establishments consistent with the rules of the Plumbers' Examining Board and provides that the law prohibiting animals in food stores also applies to animals owned by store owners and managers.
Here is the link if you would like to learn more: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=1387&PID=1456&snum=126
Administrative Rules Adopted
Please be advised that new Administrative Rules are effective as of October 7, 2012. Please refer to the fee table located at the forms and application link.
Henna Tattoo Alert
While the Health Inspection Program does not regulate henna tattoos as they are temporary tattoos, there are health concerns that we would like to make you aware of from FDA.
Fraudulent Business License Application Alert
This is to alert you that the Health Inspection Program has received a complaint about a business entity, Business Licenses LLC, advertising and selling business license compliance packages that include the Health Inspection Program’s License Application. These packages are being sold for $149.99.
Please be aware that our applications are free and can be downloaded from our website at maine.gov/healthinspection or you may call our offices at 207-287-5671 and we will mail or email you a copy.
Americans With Disabilites Act and Swimming Pools
ADA Standards for Accessible Design (2010)
Certified Food Protection Manager Requirement
Every eating establishment, with some exemptions, must employ or engage a Certified Food Protection Manager (CFPM). This requirement was adopted in the Administrative Rules for Establishments licensed by the Health Inspection Program effective January 18, 2011. A certified food protection manager must be hired within 60 days of a new eating establishment opening or when a certified food protection manager leaves employment. Existing establishments have until January 18, 2012 to have a certified food protection manager at each establishment. Learn more.
Fraudulent Health Inspector Alert
This is to alert you that the Health Inspection Program has received a complaint this week about an individual pretending to be a health inspector under the names of Frank Howard or Frank Stevens. The impersonator was calling stating they had received a complaint against an eating establishment and would be following up with a visit.
Please refer to the staff link for names of the Health Inspection Program Staff. Do not allow anyone without proper identification, to enter into your establishment to conduct a food inspection, nor provide or confirm personal information to anyone on the phone or in person pretending to be the state health department. You should also immediately call your local police department if you suspect that a person is acting fraudulently.
Business Answers for Licensed Facilities
The Health Inspection Program has prepared a series of questions and answers to assist those who are interested in starting a restaurant, bed and breakfast, hotel, tattoo parlor, or other facility licensed by the Program. Learn more.
A certified food protection manager must be hired within 60 days of a new eating establishment opening or when a certified food protection manager leaves employment. Existing establishments have until January 18, 2012 to have a certified food protection manager at each establishment.
American Red Cross Certificates
Effective January 1, 2011, all American Red Cross certificates with expiration dates (excludes programs like Babysitting and Learn to Swim) issued as of 1/1 will reflect a validity period of 2 years from the date of completion; this means 1-year CPR certifications will be 2-year and 3-year first aid certifications will also be 2-years, as recognized by the Red Cross.
Director of Health and Safety
American Red Cross
(207) 874-1192 ext 112
Policy Change to the Rules Relating to Tattoo and Body Piercing Practioners
The Department of Health and Human Services has become aware of a safety issue regarding cleaning, sanitizing and disposal of needles included in our rules. The particular section of 10-144 Chapter 210 Rules Relating to Tattoo Section 5.B.5 Care of Instruments and 10-144 Chapter 209 Rules Relating to Body Piercing 5.B.5 Care of Instruments states “Used needles shall be cleaned and sterilized before disposal. An ultrasonic cleaning machine and autoclave shall be recommended to fulfill this requirement.” We have determined that cleaning and sterilizing used needles before they are disposed of presents a safety issue and therefore the Department will not enforce this section. Read the entire policy. (doc file)
Bed bugs are small insects that feed on human blood. They are usually active at night when people are sleeping. Adult bed bugs have flat, rusty-red-colored oval bodies. About the size of an apple seed, they are big enough to be easily seen, but often hide in cracks in furniture, floors, or walls. Learn more.
TELEPHONE SCAM ALERT!
The Health Inspection Program has received a complaint about an individual pretending to be a health inspector under the name of Frank Martin. The impersonator was calling to set up an inspection appointment and ask personal information. The establishment was threatened with fines of $500 if they did not comply.
Please do not allow anyone without proper identification into your establishment, to conduct a food inspection nor provide or confirm personal information to anyone on the phone or in person pretending to be the state health department. You should also immediately call your local police department if you suspect that a person is acting fraudulently.
Policy for Sewage Holding Tanks for Campgrounds and Mobile Food Units
This policy is written to specify the minimum construction standards and maximum tank liquid capacity for portable wastewater holding tanks used at campgrounds and mobile food takeout facilities without access to a direct sewer connection. This policy will include all campgrounds and mobile food takeout facilities licensed by the Health Inspection Program.
Emergency Consultation and Disease Reporting hotline.
For emergency after hours calls please call 1-800-821-5821.
Bed & Breakfast, 5 Rooms or Less
In response to legislation that was passed and reflected in Title 22 §2501 which states “Private homes are not deemed or considered lodging places and subject to a license when not more than 5 rooms are let…” the Department wants to clarify that your B&B establishment 5 rooms or less kitchen is still regulated as an eating place by the Department of Health and Human Services as you are preparing and serving a breakfast meal. The lodging piece of your establishment is not inspected by the Department however, a license and inspection is required for eating establishments per Title 22 Chapter 562 §2492.
Maine CDC Cautions Food Workers About Potential Poster Scams
Maine restaurateurs and caterers appear to have been the targets of an alleged scam involving the sale of hand-washing posters.
This week, Dr. Dora Anne Mills, Director of the Maine Center for Disease Control and Prevention within the Maine Department of Health and Human Services, said that an ‘official-looking letter’ that appears to have been issued by the Maine CDC’s Health Inspection Program requests that special hand-washing posters be purchased from a certain company for $19.95 each. The letter includes an 800 number that can be used to place an order.
“The Maine CDC did not issue these letters and there is no requirement to purchase these posters,’’ Mills said.
Maine law requires hand-washing signs to be posted over all hand-washing sinks to remind employees that they must wash their hands before returning to their work and before preparing or serving food, Mills said.
“Proper hand-washing is the best way to prevent disease and ensure that food is handled and prepared safely.”
For more information, please contact Maine CDC’s Health Inspection Program 287-5671 or www.mainepublichealth.gov
Free hand-washing signs are available on the Health Inspection Program website at site-files/handouts/handwash.pdf
The Department accepts three nationally recognized Certified Food Manager courses that have been approved by the Conference of Food Protection.
Virginia Graeme Baker Act
A copy of the U.S. Consumer Protection Safety Commission's information handout on theVirginia Graeme Baker Pool and Spa Safety Act is now available. By December 19, 2008, ALL public pool owners/operators must:
• Install drain covers that meet the ANSI/ASME A112.19.8–2007 standard on EVERY drain/ grate. A list of cover manufacturers can be found at www.cpsc.gov/whatsnew.html#pool.
• Install an automatic shut-off system, gravity drainage system, Safety Vacuum Release System (SVRS), suction-limiting vent system or disable the drain, if the pool operates off of a SINGLE main drain. Pools and spas with unblockable drains are exempt from this requirement. A list of SVRS manufacturers can be found at www.cpsc.gov/whatsnew.html#pool.
• Ensure that dual or multiple main drains are at least 3 feet apart.
APSP Career Institute Webinar on VGB Act and ANSI-7
The Association of Pool & Spa Professionals’s Career Institute has posted it’s webinar on the VGB Act and the ANSI-7 on the APSP homepage at www.APSP.org under “What’s New”. There is no cost to participate.
Also available is APSP’s latest flyer, “VGB Compliance Guide”. This flyer and much more timely information on the VGB Act is available for downloading at www.APSP.org/VGB.
- Business Answers for Licensed Facilities
- Certified Food Protection Manager Requirement
- Online License Renewal
- Boil Water Order Guidance (pdf file)
- Fee Schedule (PDF file)
- Handwash Poster for Posting (Word file)
- Home Catering Policy (Word file)
- Liquor Licensing Requirements
- Pest Management Companies List (xls file)
- Public Swimming Pool & Spa Registration information & forms
- Retail Tobacco License List (Excel file)
- Tobacco Free Outdoor Dining Law
- US FDA Recalls and Announcements
US FDA Contaminated Tattoo Ink Update (pdf file)
- Drinking Water Program (water supplies)
- Subsurface Wastewater Program (septic systems)
- Cemeteries and Crematoria