Permit: Issuance and Renewal

(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. 28.05: continued 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.