Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk
Section 27.12 - Inspections

(a) The Department shall cause an inspection to be made of every dairy farm within the Commonwealth of Massachusetts at least once every six months, and may cause the inspection of dairy farms operating outside the Commonwealth of Massachusetts once every six months, and as often as necessary for the enforcement of 330 CMR 27.00. These inspections may be conducted by the Department.

(b) Agents of the Department, may enter all parts of any dairy farm at any reasonable time for the purpose of making an inspection to ascertain whether the farm is in compliance with 330 CMR 27.00. No prior notice of inspection is required. They may examine the records of the farm to obtain information pertaining to the number of dairy cows over two years of age, the number of dairy cows currently milking, the number of heifers less than two years of age, the production of milk per day, and a determination of where the milk is being shipped.

(c) If the certificatee or person in charge at the time of the inspection refuses entry to an agent of the Department, or refuses to permit an authorized inspection, the Commissioner or his or her agent may immediately suspend the certificate of the dairy farm, without prior notice or hearing, in accordance with 330 CMR 27.16(1).

(d) If the certificatee or any of his or her employees interferes with the Department in the performance of its duties, the Department may take steps to suspend or revoke the certification of the dairy farm in accordance with 330 CMR 27.16(2) through (4).

(e) The Department may accept inspections by out-of-state regulatory authorities, for renewal purposes, for producers shipping milk into the Commonwealth of Massachusetts from out-of-state locations for compliance with 330 CMR 27.00.

(f) Violations of 330 CMR 27.07 and 27.08 shall be recorded on appropriate ledgers for evaluation of compliance with 330 CMR 27.12(3)(d). A computer or other information retrieval system may be used.

(a) Whenever an inspection of a dairy farm is made, the findings shall be recorded on an inspection report. The inspection report shall serve as an order to the producer to correct all violations of 330 CMR 27.00 noted thereon by the date indicated on the report by the inspector.

(b) The inspection report shall include, but need not be limited to, the following information:

(a) The inspections performed pursuant to 330 CMR 27.11(4) and 27.12(l)(a) shall be full inspections.

(b) A copy of the completed inspection report form shall be furnished to the person in charge of the Dairy farm at the conclusion of the inspection, posted on an inside wall of the milkroom, or left in some other conspicuous place. This inspection report shall not be defaced and shall be made available to the Department upon request. An identical copy of the inspection report shall be filed with the records of the Department and retained for at least three years.

(c) Inspections shall be made of dairy farms at different times of the day in order to ascertain if the processes of equipment assembly, sanitizing, cleaning and other procedures comply with the requirements of 330 CMR 27.00.

(d) Should the violation of any significant requirement set forth in 330 CMR 27.05, 27.06, 27.07 or 27.08 be found to exist during an inspection of a dairy farm, a second inspection shall be required after a time deemed necessary by the Department to remedy the violation, but not before three days. Any violation of the same requirement on such second inspection may result in the immediate suspension of the certificate, without a prior hearing, in accordance with 330 CMR 27.16(1), and may also result in court action.