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 27.16 - Certificate: Suspension or Revocation
Universal Citation: 330 MA Code of Regs 330.27
Current through Register 1531, September 27, 2024
(1) Suspension without a Prior Hearing
(a) The commissioner or his or her agent may,
without prior notice or hearing, immediately suspend a certificate to operate a
dairy farm if an imminent health hazard is found to exist.
(b) The commissioner or his or her agent may,
without granting a prior hearing, immediately suspend a certificate if:
1. A second violation of the same requirement
of
330
CMR 27.05,
27.06,
27.07,
or
27.08
is found to exist on a second inspection, in accordance with
330 CMR
27.12(3)(d); or
2. A violation as specified in
330 CMR 27.14(l)(b)
is found to exist.
(c) The commissioner or his or her agent may,
without prior notice or hearing, immediately suspend a certificate to operate a
dairy farm if an agent of the Department is refused entry to the farm or is
prevented from conducting an authorized inspection, as specified in
330 CMR
27.12.
(d) Whenever a suspension is ordered pursuant
to 330 CMR 27.16(l)(a) through (c), the order shall state:
1. The reason(s) for the immediate
suspension;
2. The violation(s)
leading to the determination that an imminent health hazard exists, if
applicable; and
3. That a hearing
will be held if a request for a hearing is made to the Department, in writing
or by telephone to a person authorized to schedule a hearing, by the
certificatee.
(e) The
order recommending immediate suspension of the certificate shall be effective
upon determination at the premises by an authorized agent of the Department. If
the certificatee is not present at the time of such posting, a copy of the
order of suspension shall be served in accordance with
330 CMR
27.17(3).
(f) The Department shall hold a hearing after
a request for a hearing has been made to the bureau, in writing or by telephone
to a person authorized to schedule a hearing, by the certificatee.
(g) Whether or not a hearing is requested,
the Department may end the suspension at any time if reasons for the suspension
no longer exist.
(2) Ten Day Letter Process
(a) The Department may take steps to exclude
milk from the markets of the Commonwealth of Massachusetts and may suspend the
producer's Certificate of Registration if the milk has been produced on a dairy
farm where serious sanitary code violations are found to exist.
(b) If a serious sanitary code violation is
found to exist during an inspection, the Department may issue a notice to
provide for an additional inspection at least ten days after the date of the
receipt of such notice. Such notice may be given during either an intial or
subsequent inspection.
(c) The
notice shall specify the violation(s) for which the dairy farm is under
question, and that the certificate may be suspended.
(d) To obtain a hearing after the subsequent
reinspection, the certificatee shall make a request for a hearing to the
Department, in writing or by telephone to a person authorized to schedule a
hearing, within five days of the reinspection following notice. If no request
for a hearing is made within the five day period, the revocation or suspension
shall be imposed at the end of the time period specified in the order; six days
after the reinspection.
(3) Suspension after a Hearing
(a) The Department may,
after providing opportunity for hearing, suspend a certificate to operate a
dairy farm if the farm does not comply with any one or more of the requirements
of
330 CMR 27.00.
(b) The order shall be in writing and sent to
the certificatee or her/his authorized agent in accordance with
330 CMR
27.17(3).
(c) The order shall specify the specific
violations for which the certificate is to be suspended and that the
certificate shall be suspended by the Department following notice of such
order.
(4) Permanent Revocation of Certificate
(a) The Department may, after providing
opportunity for a hearing, order the revocation of a certificate for any one of
the following:
1. Serious or repeated
violations of any of the requirements of
330 CMR 27.00;
2. Interference with the Department in the
performance of its duty;
3. A
criminal conviction of the certificatee relating to the operation of the dairy
farm;
4. Keeping or submitting any
misleading or false records or documents required by
330 CMR 27.00.
(b) The inspection shall be in
writing and shall be served on the certificatee or her/his authorized agent in
accordance with
330 CMR
27.17(3).
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