Enforcement Standards

(1) Enforcement (a) Whenever two of the last four consecutive bacterial counts, somatic cell counts, or cooling temperature checks, taken on separate days, exceed the limit of the standard for the milk and/or milk products, the Department shall send by first class mail a written notice thereof to the certificatee. This notice shall also inform the certificatee of the provisions of 330 CMR 27.14(1)(b), and shall remain in effect as long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within 21 days of the sending of such notice, but not before the lapse of three days. (b) Whenever the standard is violated by three of the last five bacterial counts, somatic cell counts, or cooling temperature checks, the Department shall immediately suspend the certificate in accordance with 330 CMR 27.16(1). (c) The Department may accept determinations of 330 CMR 27.14 by out-of-state regulatoryauthorities for producers shipping milk into the Commonwealth of Massachusetts from out-of-state locations. (d) When the somatic cell count of a re-check sample of the producer's milk is above 1,000,000 cells per ml., the producer shall be sent written notification. It shall be suggested in the notification that all in-state producers enroll in the Massachusetts Mastitis Control Program. (e) Whenever a drug or pesticide residue test is positive, an investigation shall be made to determine the cause, and the cause shall be corrected. An additional sample shall be taken and tested for drug or pesticide residues, and no milk shall be offered for sale, nor shall any milk be received from a contaminated source until it is shown by a subsequent sample to be free of drug or pesticide residues or below the action levels established for such residues.