Public Laws

124th Legislature

First Regular Session


Parts: A B

Chapter 211

S.P. 182 - L.D. 479

PART A

Sec. A-1. 22 MRSA 2491, sub-7, as amended by PL 1979, c. 672, Pt. A, 59, is further amended to read:

7.Eating establishment. "Eating establishment" means any place where food or drink is prepared and served, or served to the public for consumption on the premises, or catering establishments, or establishments dispensing food from vending machines, or establishments preparing foods for vending machines dispensing foods other than in original sealed packages, such as hotels, motels, boarding homes, restaurants, mobile eating places, coffee shops, cafeterias, short order cafes, luncheonettes, grills, tearooms, sandwich shops, soda fountains, bars, cocktail lounges, night clubs, roadside stands, industrial feeding establishments, private or public institutions routinely serving foods, retail frozen dairy product establishments, airports, parks, theaters, vacation recreational camps , youth camps or any other catering or nonalcoholic drinking establishments or operations where food is prepared and served or served for consumption on the premises, or catering establishments where food is prepared, or where foods are prepared for vending machines dispensing food other than in original sealed packages.

Sec. A-2. 22 MRSA 2491, sub-11, as enacted by PL 1975, c. 496, 3, is amended to read:

11.Recreational camp. "Recreational camp" means and includes day camps, boys' and girls', family, hunting, fishing and similar camps.

Sec. A-3. 22 MRSA 2491, sub-16 is enacted to read:

16. Youth camp. "Youth camp" means a combination of program and facilities established for the primary purpose of providing an outdoor group living experience for children with social, recreational, spiritual and educational objectives and operated and used for 5 or more consecutive days during one or more seasons of the year. "Youth camp" includes day camps, residential camps and trip and travel camps.

Sec. A-4. 22 MRSA 2492, sub-1, D, as enacted by PL 2003, c. 452, Pt. K, 20 and affected by Pt. X, 2, is amended to read:

D.A recreational camp; or

Sec. A-5. 22 MRSA 2492, sub-1, E, as enacted by PL 2003, c. 452, Pt. K, 20 and affected by Pt. X, 2, is amended to read:

E.A camping area . ; or

Sec. A-6. 22 MRSA 2492, sub-1, F is enacted to read:

F. A youth camp.

Sec. A-7. 22 MRSA 2494, first , as amended by PL 2007, c. 539, Pt. F, 1, is further amended to read:

Each application for, or for renewal of, a license to operate an eating establishment, eating and lodging place, lodging place, recreational camp , youth camp or camping area within the meaning of this chapter must be accompanied by a fee, appropriate to the size of the establishment, place, camp or area of the licensee, determined by the department and not to exceed the fees listed below. All fees collected by the department must be deposited into a special revenue account established for this purpose. No such fee may be refunded. No license may be assignable or transferable. The fees may not exceed:

Sec. A-8. 22 MRSA 2495, first , as amended by PL 1983, c. 553, 21, is further amended to read:

The department shall, within 30 days following receipt of application, issue an annual license to operate any eating establishment, eating and lodging place, lodging place, recreational camp , youth camp or camping area which that is found to comply with this chapter and the regulations rules adopted by the department.

Sec. A-9. 22 MRSA 2496, sub-2, as enacted by PL 2005, c. 140, 1, is amended to read:

2.Youth camps; emergency medication. A recreational youth camp for boys or girls must have a written policy authorizing campers to self-administer emergency medication, including, but not limited to, an asthma inhaler or an epinephrine pen. The written policy must include the following requirements:
A.A camper who self-administers emergency medication must have the prior written approval of the camper's primary health care provider and the camper's parent or guardian;
B.The camper's parent or guardian must submit written verification to the youth camp from the camper's primary health care provider confirming that the camper has the knowledge and the skills to safely self-administer the emergency medication in camp;
C.The youth camp health staff must evaluate the camper's technique to ensure proper and effective use of the emergency medication in camp; and
D.The emergency medication must be readily available to the camper.

Sec. A-10. 22 MRSA 2498, sub-1, A, as amended by PL 2003, c. 673, Pt. X, 3, is further amended to read:

A.The department may impose penalties for violations of this chapter, or the rules enacted adopted pursuant to this chapter, on any eating establishment, eating and lodging place, lodging place, recreational camp , youth camp or camping area. The penalties may not be greater than $100 for each violation. Each day that the violation remains uncorrected may be counted as a separate offense. Penalties may be imposed for each violation of the rules.

Sec. A-11. 22 MRSA 2498, sub-1, B, as enacted by PL 1991, c. 528, Pt. J, 5 and affected by Pt. RRR and enacted by c. 591, Pt. J, 5, is amended to read:

B.The department may direct an eating establishment, eating and lodging place, lodging place, recreational camp , youth camp or camping area to correct any violations in a manner and within a time frame that the department determines is appropriate to ensure compliance with state rules or to protect the public health. Failure to correct violations within the time frames constitutes a separate finable violation.

Sec. A-12. 22 MRSA 2498, sub-1, C, as corrected by RR 2005, c. 2, 17, is amended to read:

C.Any person, corporation, firm or copartnership that operates any eating establishment, eating and lodging place, lodging place, recreational camp , youth camp or camping area without first obtaining a license as required by this chapter must be punished, upon adjudication of unlicensed operation, by a fine of not less than $25 nor more than $200, and upon a 2nd or subsequent adjudication of unlicensed operation must be punished by a fine of not less than $200 nor more than $500. Each day any such person, corporation, firm or copartnership operates without obtaining a license constitutes a separate offense.

Sec. A-13. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 22, chapter 562, in the chapter headnote, the words "camping areas and eating establishments" are amended to read "camping areas, recreational camps, youth camps and eating establishments" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333