105 CMR 590.015(B).
(1) Failure to submit a permit application in accordance with the board of health's
procedures;
(2) Failure to submit the required permit fee;
(3) Denial of entry of agents of the board of health or the Department or any attempt to
impede the work of a duly authorized agent of the board of health or the Department;
(4) Providing false or misleading statements to the board of health or the Department;
(5) The applicant or owner operated the facility without a permit;
105 CMR: DEPARTMENT OF PUBLIC HEALTH
590.008: continued
(6) The applicant or owner, or if the applicant or owner is a corporation, a corporate
officer, of the facility, has been convicted of, plead guilty or no lo contendere to, or has,
in a judicial proceeding, admitted facts sufficient to find that the individual is guilty of
a crime relating to the processing, storage, distribution or sale of food in connection with
the business;
(7) The applicant or owner, or if the applicant or owner is a corporation, a corporate
officer, of the facility has engaged in conduct that endangers the public health;
(8) Failure to pay any federal, state, or local taxes as required by law, pursuant to
M.G.L. c. 62C, § 49A;
(9) Failure to comply with local regulations/ordinances related to the operation of the
facility;
(10) Failure to comply with provisions of 105 CMR 590.000; and
(11) Such other reasons not stated in FC 8-303.20(D)(1) through (10), which pose a risk
to public health and safety."
(D) In FC 8-304.10 Responsibilities of the Regulatory Authority, the entire text is stricken and
replaced by the following:
"8-304.10 Responsibilities of the FC-regulatory Authority
(A) At the time a permit is first issued, the FC-regulatory authority shall provide to the
permit holder instructions on how to obtain 105 CMR 590.000 so that the permit holder is
notified of the compliance requirements and the conditions of retention, as specified under
8-304.11, that are applicable to the permit.
(B) Failure to provide the information specified in this section does not prevent the
FC-regulatory authority from taking authorized action or seeking remedies if the permit
holder fails to comply with 105 CMR 590.000 or an order, warning, or directive of the
FC-regulatory authority."
(E) After FC 8-304.11 Responsibilities of the Permit Holder, the following section is added:
"8-304.15 Notification of Changes.
In addition to requirements set forth in FC 8-304.11 Responsibilities of the Permit Holder,
the permit holder shall:
(A) Notify the board of health within 48 hours after any change in ownership, and at least
30 days prior to any change of the name, location of the food establishment or addition of a
new operation and shall promptly submit to the board of health an application for a new or
amended permit, together with written documentation reflecting such change.
(B) Submit plans in accordance with FC 8-2 Plan Submission and Approval any time an
establishment is being remodeled or a new operation added and shall promptly submit to the
board of health an application if a new or amended permit is required."
(F) After FC 8-304.20 Permits not Transferable, the following section is added:
"8-304.25 Permit Form.
In addition to the requirements set forth in FC 8-3 Permit to Operate:
(A) There shall be one permit form issued to each food establishment. The permit shall
indicate: