Inspections

(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; 28.06: continued 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(1)(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.