[HISTORY: Adopted by the Board of Health of the Town of Southwick 10-23-2018.[1] Amendments noted where applicable.]
[1]
Editor's Note: These regulations provided an effective date of 1-1-2019.
A. 
The Board of Health issues food establishment permit applications renewals each calendar year. Payment for a food establishment permit must be received before January 1 of the next calendar year. In the event payment is not received, the penalties/fines noted in § 411-2 shall be imposed.
B. 
The Southwick Board of Health approved the following progressive discipline for food establishments found to be in violation of the Massachusetts Food Code, 105 CMR 590.000.
C. 
The Board of Health has implemented a surcharge, as noted in § 411-2, when the inspector needs to make a re-inspection based on a substandard inspection or repeated history of multiple violations. A substandard inspection is defined as having risk factor and/or critical violations that are not corrected immediately during the inspection, or numerous non-critical violations including cleaning and structural issues which could contribute to a public health concern.
D. 
It shall be the responsibility of the permit holder or his or her agent to ensure compliance with all sections of these regulations pertaining to their business establishment.
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).