Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 28.00 - Milk And Milk Products
Section 28.06 - Inspections
Universal Citation: 330 MA Code of Regs 330.28
Current through Register 1531, September 27, 2024
(1) General.
(a) The Department may inspect every milk
plant or out-of-state pasteurization plant as necessary for the enforcement of
330 CMR
28.00.
(b)
The Commissioner or agents of the Department, after identifying themselves, may
enter all parts of any milk plant, receiving station, transfer station, or out
of state pasteurization plant at any reasonable time for the purpose of making
an inspection to ascertain whether the plant is in compliance with
330 CMR
28.00. They may examine the records of the plant or
station to obtain information pertaining to milk, milk products, ingredients
thereof and supplies purchased, received or used.
(c) The permittee or person in charge at the
time of the inspection shall furnish an agent of the Department, upon request,
a true statement of the actual quantities of each grade of milk and milk
products purchased and sold by the plant, a list of all sources of such milk
and milk products, and records of inspections, tests and pasteurization times
and temperatures.
(d) If the
permittee or person in charge at the time of the inspection refuses entry to an
agent of the Department, or refuses entry to the Commissioner to permit an
authorized inspection, the Commissioner or his or her agent may immediately
suspend the permit of the receiving station, transfer station, or out-of-state
pasteurization plant, without prior notice or hearing, in accordance with 330
CMR 28.07(1).
(e) If the permittee
or any of his employees interferes with the Commissioner or an agent of the
Department in the performance of its duties, the Commissioner or agent of the
Department may take steps to suspend or revoke the permit of the receiving
station, transfer station or out-of-state pasteurization plant in accordance
with 330 CMR 28.07(3) or (4).
(f)
It shall be unlawful for any person who, in any official capacity, obtains any
information under
330 CMR
28.00 which is entitled to protection as a trade
secret (including information as to the quantity, quality, source or
disposition of milk and milk products or results of inspections or tests
thereof) to use such information to his or her advantage or to reveal it to any
unauthorized person.
(2) Inspection Report.
(a) Whenever an inspection of a milk plant or
out-of-state pasteurization plant is made, the findings shall be recorded on an
inspection report. The inspection report shall serve as an order to the
permittee to correct all violations of
330 CMR
28.00 noted thereon by the time of the next
inspection.
(b) The inspection
report shall include, but need not be limited to, the following information:
1. The name of the inspector;
2. The date and time of the
inspection;
3. The name and
location of the milk plant or out-of-state pasteurization plant
inspected;
4. A listing of the
specific provisions of
330 CMR
28.00 that have been violated;
5. A determination by the inspector whether
any of the violations create an imminent health hazard;
6. The signature of the inspector;
7. The signature of the person in charge of
the milk plant or out-of-state pasteurization plant at the time of the
inspection.
(3) Conduct of Inspections
(a) inspections
performed pursuant to 330 CMR 28.05(5) and 28.06(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 receiving station, transfer station or out-of-state pasteurization plant at
the conclusion of the inspection or posted in a conspicuous place on an inside
wall of the plant. 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 12 months.
(4) Enforcement
(a) Should the violation of any requirement
set forth in
330 CMR
28.03 be found to exist during an inspection
of a transfer station, receiving station or out-of-state pasteurization plant,
a second inspection shall be required after a time deemed necessary by the
Department, Commissioner, or agent thereof 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 permit or of one or
more particular operations, without a prior hearing, in accordance with 330 CMR
28.07(1), and may also result in court action.
(b) Provided, that when the regulatory agency
finds that a critical processing element violation involving:
1. Improper pasteurization, whereby every
particle of milk or milk product may not have been heated to the proper
temperature and held for the required time in properly designed and operating
equipment; or
2. A cross connection
exists whereby direct contamination of pasteurized milk or milk product is
occurring; or
3. Conditions exist
whereby direct contamination of pasteurized milk or milk product is occurring.
The Commissioner shall take immediate action to prevent further processing of
such milk or milk product until such violations of critical processing
element(s) have been corrected. Should correction of such critical processing
elements not be accomplished immediately, the Commissioner or the Department
shall take prompt action to suspend the permit as provided for in 330 CMR
28.07.
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