Current through Register 1518, March 29, 2024
(1)
Right of Entry.
(a) In the case of a Covered Farm, the
Department shall have the right to enter upon and inspect such Covered Farm
during reasonable hours to ensure compliance with the Produce Safety Rule, and
330 CMR 34.00et seq.
(b) In the case of a Farm that has opted into
the Registry and inspection program under 330 CMR 34.03(2)(a), the Department
may enter upon and inspect such Farm during reasonable hours to ensure
compliance with the Produce Safety Rule and 330 CMR 34.00et
seq.
(c) Inspection areas
may include, without limitation, any area or conveyance that is part of or used
by the Farm, including the following:
1.
fields;
2. buildings;
3. vehicles; and
4. any other location where Produce is grown,
harvested, packed, stored, or held.
(2)
Initial; Routine
Inspection.
(a) Initial and
Routine Inspections shall be coordinated with the Farm and shall take place
during the normal business hours of the Farm being inspected, on an annual
basis.
(b) Inspectors shall be
given access to all areas of a Covered Farm the ability to review and copy any
and all records required to be maintained pursuant to the Produce Safety Rule,
M.G.L. c. 128, § 124, and 330 CMR 34.00et seq.
(3)
Follow-up
Inspections. Follow-up Inspections shall:
(a) Be conducted to ensure that identified
corrective actions and prior noncompliance is corrected and
documented;
(b) Take place during
normal business hours; and
(c) Will
consider the priority of the corrective action.
(4) For-cause Inspections shall:
(a) Occur in response to a Produce safety
concern; or
(b) Occur when a
complaint, recall, or report of action related to a health risk has occurred or
is imminent.
(5)
Completion of Inspections.
(a) Upon completion of an inspection during
which the Department does not observe any violations, whether an Initial
Inspection, Routine Inspection, Follow-up Inspection, or a For-cause
Inspection, the Department may issue an Inspection Certificate to the
Farm.
(b) Upon completion of an
inspection during which the Department observes violations, whether an Initial
Inspection, Routine Inspection, Follow-up Inspection, or a For-cause
Inspection, the Department shall issue a Produce Inspection Observation Form,
which shall outline corrective actions to be taken prior to a Follow-up
Inspection.
(6) Covered
Farms or Farms that voluntarily request inspection under 330 CMR 34.03(2) shall
be subject to unannounced inspections, as determined by the Department to
protect public health and safety.
(7) Inspections initiated from a specific
complaint or request need not be limited to that complaint or request. At the
time of inspection, the Inspector shall record all observations and violations.
Such inspections may include obtaining samples and specimens for laboratory
analysis.
(8) A certificate of
analysis from a laboratory of the DPH, the FDA, the USDA, or other accredited
laboratory acceptable to the Department shall be considered evidence of the
ingredients and contents of any sample or specimen submitted for analysis by
the Department.
