Section 665.050 - Order to Cease and Desist(A) An Order to Cease and Desist may be issued by the Department or Board of Health to a person or a business agent of a retail establishment upon the regulatory authority's reasonable belief that:(1) A person is conducting sales of tobacco products in violation of the law, regulations, and/or standards applicable to it;(2) A person refuses access to the premises and/or records to authorized enforcement agents;(3) A person or retail establishment is operating in a manner that may pose an imminent danger to the public health;(4) A retail establishment has failed to comply with a correction order within the time specified; or(5) A retail establishment is operating in a manner that is unsafe or otherwise below the accepted standards for the type of operation and summary closure is authorized by statute on these grounds.(B) Service of Orders to Cease and Desist shall be on the person or retail establishment or business agent of the retail establishment by: (1) Personal delivery by an agent of the regulatory agency;(2) Posting in a conspicuous place at the retail establishment;(3) Simultaneously mailing, by first class and certified mail return receipt requested; or(4) By any officer of the Commonwealth authorized to make service. Notice is deemed to be served if the person or retail establishment or business agent of the retail establishment has actual notice of the Order to Cease and Desist.
Adopted by Mass Register Issue 1412, eff. 3/6/2020.Amended by Mass Register Issue 1419, eff. 6/12/2020.