The permit holder or his or her agent or persons involved in
noncompliance of any of the provisions of these regulations shall
receive:
A. In the case of delinquent payment for a food establishment permit
renewal:
(1) Within a seven-day period beginning January 1, of each calendar year,
the permit holder or his or her agent or persons not in compliance
with the provisions of these regulations shall receive a fine of $50
per week for each of the first three weeks.
(2) If all payments are not made by the fourth week or by February 1,
whichever comes first then the Board of Health may issue a $50 per
day additional fine, and consider the food establishment as operating
without a permit and may seek immediate closure.
B. In the event a food establishment must be re-inspected for reasons stated in §
411-1:
(1) By vote of the Board of Health, a fine of $100 may be imposed. Additional
fines of up to $500 and penalties as defined below will be imposed
for non-compliance with a re-inspection and past history deficiencies.
(2) If the violations cited have not been corrected at the time of the
re-inspection, then the owner/operator will be required to comply
with one or more of the following penalties:
(a)
Payment of a fine of not more than $500;
(b)
Require recertification of the person in charge and add additional
food protection manager certification for other designated employees,
as determined by the Board of Health;
(c)
Hire a food safety consultant approved by the Board of Health
at the expense of the owner/operator to review current food safety
practices, develop systems to prevent risk factor and critical violations
from occurring, train employees, and conduct inspections to verify
compliance with good food safety practices. Reports and findings from
the consultant must be provided to the Board of Health;
(d)
Suspension or revocation of the owner/operator's food establishments
permit.
(3) If a food establishment has a recent past history of discipline,
then any of the penalties listed above may be issued after the first
substandard inspection. Recent past history will include the previous
three years under the same ownership.
(4) In the event a food establishment is in continual non-compliance,
the Board of Health may impose in accordance with 105 CMR 590.014:
suspension of your permit to operate the facility until a re-inspection
by the Board of Health determines that reasons for the suspension
no longer exist.
C. If the owner/operator contests the surcharge or penalties issued
by the Board of Health, they may file a written request for a hearing
within 10 days from receipt of notification by the Board of Health.
Whoever violates any provision of these regulations, the violation
of which is subject to a specific penalty, may be penalized by the
noncriminal method of disposition as provided in MGL c. 40, § 21D.
Enforcement of these regulations shall be implemented by the
Southwick Board of Health or its designated agent(s).