Current through Register 1531, September 27, 2024
(1)
General
(a) No
person shall sell or offer or expose milk for sale produced on a dairy farm for
use or disposal elsewhere than on such farm, unless as to such farm a
Certificate of Registration has been issued by the Commissioner.
(b) Only a person who complies with the
requirements of
330 CMR 27.00 shall be
entitled to receive and retain a certificate.
(c) The certificate shall be posted in the
milkroom.
(d) A certificate shall
not be transferable from a person or a place.
(2)
Application for
Certificate. Any person desiring to operate a dairy farm shall
make written application for a certificate on a form provided by the Department
in accordance with M.G.L. c. 94, § 16(B).
(3)
Expiration and Renewal of
Certificate
(a) A certificate
shall expire no later than one year from the date issued.
(b) A certificate may be renewed by applying
at least 30 days prior to the expiration of the certificate. An application for
a renewal certificate shall be made in writing on a form provided by the
Department.
(4)
Conditions for Issuance
(a) After completion of an application for an
original certificate or renewal certificate the Department shall cause an
inspection of the dairy farm to take place. This inspection may be conducted by
the Department. When the inspection reveals that the applicable requirements of
330 CMR 27.00 have been met,
a certificate shall be issued to the applicant by the Department: provided that
the applicant is found to be responsible and suitable for certification in
accordance with 330 CMR 27.11(4)(b).
(b) After completion of an application for an
original certificate or a renewal certificate, the Department shall make a
finding concerning the responsibility and suitability of the applicant for
certification. Factors which have a significant bearing on such finding include
but are not limited to the following:
1. The
applicant's history of prior compliance with
330 CMR 27.00.
2. The applicant's ability and willingness to
take corrective action when notified by the Department of violations of
330 CMR 27.00.
(5)
Notification of Changes. Change in ownership, name or
location A certificatee shall notify the Department within five business days
after any change in ownership, and at least 30 days prior to any change of the
name or location of the dairy farm, and shall promptly submit an application
for a new or amended certificate, along with written documentation reflecting
such change.