Current through Register 1531, September 27, 2024
(1)
General.
(a) No
person desiring to ship milk into or within the Commonwealth of Massachusetts
shall operate a milk plant, receiving station, transfer station, or
pasteurization plant wherever located outside the Commonwealth or a milk plant,
receiving station, or transfer station within the Commonwealth unless he is the
holder of a valid permit or permits issued by the Commissioner.
(b) Only those who comply with the
requirements of
330 CMR
28.00 shall be entitled to receive and retain a
permit.
(c) The permit(s) shall be
posted on the premises of the milk plant, receiving station, transfer station,
or out of state pasteurization plant.
(d) A permit shall not be transferable from a
person or a place.
(2)
Application for a Permit.
(a) Any person desiring to operate a milk
plant, receiving station, transfer station, or out of state pasteurization
plant wherever located shall make a written application for a permit on a form
provided by the Commissioner. The application shall include:
1. The applicant's name; the applicant's post
office address;
2. The name and
location of the milk plant, receiving station, or transfer station located in
the Commonwealth of Massachusetts or the name of the milk plant, receiving
station, transfer station, or pasteurization plant wherever located outside the
Commonwealth of Massachusetts;
3.
The signature of the applicant(s);
4. Any other information necessary for the
implementation of
330 CMR
28.00;
(b) Payment of any fees required by law shall
accompany the application.
(3)
Permit Form. The
permit form shall indicate:
(a) The address of
the milk plant, receiving station, transfer station, or out of state
pasteurization plant;
(b) The name
of the permittee;
(c) The dates of
issuance and expiration;
(d) The
signature of the Commissioner.
(4)
Expiration and Renewal of
Permit.
(a) A permit shall expire
on the 30th day of June following its issue.
(b) A transfer station, receiving station or
out-of-state pasteurization plant permit may be renewed by applying at least 30
days prior to the expiration of the permit. Application for a renewal permit
shall be made in writing on a form provided by the Commissioner.
(5)
Conditions for
Issuance.
(a) After receipt of an
application for a permit the Commissioner shall make a finding concerning the
responsibility and suitability of the applicant bearing on such a finding,
including but are not limited to the following:
1. The applicant's history of prior
compliance with
330 CMR
28.00.
2.
The applicant's ability and willingness to take corrective action when notified
by the Commissioner of violations of
330 CMR
28.00.
3.
The applicant's operation has been awarded, by the State Milk Sanitation Rating
Officer certified by the U.S. Food and Drug Administration, a milk sanitation
compliance and enforcement rating of 90% or higher. All ratings must be made on
the basis of procedures outlined in the most recent edition of the
Methods of Making Sanitation Ratings of Milk Supplies, Recommendations
of the United States Public Health Services/Food and Drug
Administration.
4. The
Department conducts an inspection of milk plants located in Massachusetts
pursuant to 330 CMR 28.22 and determines that the applicant's plant is in
compliance with the standards and practices of the PMO. An inspection may be
conducted of out of state pasteurization plants if deemed necessary by the
Commissioner.
(6)
Copies of
Permit. A copy of the permit shall be made. The original shall be
given to the applicant. The copy shall be placed on file with the
Department.
(7)
Notification of Changes. Change in ownership, name or
location. A permittee shall notify the Commissioner within 48 hours after any
change in ownership, and at least 30 days prior to any change of the name or
location of the milk plant, receiving station, transfer station, or out of
state pasteurization plant, and shall promptly submit to the Commissioner an
application for a new or amended license, along with written documentation
reflecting such change.
