Compliance and Enforcement

(1) Violations of 330 CMR 34.03, 34.04, 34.05, and 34.06 shall be subject to the enforcement provisions in 330 CMR 34.07. (2) If an inspection or investigation reveals any violation of 330 CMR 34.00 et seq., which does not rise to the level of an Egregious Condition, the Farm shall be notified in writing of such violation(s) and of any corrective actions necessary to cure the violation, in addition to the time period within which corrective actions shall be completed. Notices of violation(s) shall be provided in writing and shall include the following information when applicable: (a) Statement of violation(s) found; (b) Legal basis for findings; (c) Level of severity; (d) Corrective actions to be implemented; and (e) Time period to correct violations. (4) After notification, if the Farm fails to correct a violation within the specified time period, the Department may suspend or revoke an Inspection Certificate issued under 330 CMR 34.05. (5) The Department may withdraw a Covered Farm's Qualified Exemption at any time: (a) In the event of an active investigation of a foodborne illness outbreak that is directly linked to the Covered Farm; or (b) If the Department determines that it is necessary to protect the public health and prevent or mitigate a foodborne illness outbreak based on conduct or conditions associated with the Covered Farm that are material to the safety of the food that would otherwise be Covered Produce grown, harvested, packed or held at the Covered Farm. If an inspection or investigation reveals a violation of 330 CMR 34.00 et seq., which constitutes an Egregious Condition warranting immediate action, the Department may issue an Order for: (a) Recall; (b) Embargo; (c) Quarantine; or (d) Destruction. (7) The Department shall provide an Order issued under 330 CMR 34.07(6) to the Farm, or if no one is present, shall conspicuously post the Order on the premises. The Order shall specify the: (a) Statement of violation(s) resulting in the Order; (b) Legal basis for findings; (c) Actions to be taken; and (d) Appeal rights and procedures. The Department shall affix a tag, label, or otherwise identify any Produce subject to the Recall, Embargo, Quarantine, or Destruction Order. Such identification shall state that the Produce: (a) Is believed to be Adulterated Produce, Misbranded Produce, or is or has been associated with an Egregious Condition, or presents an immediate risk to public health; (b) Has been Embargoed, Quarantined, or ordered Destroyed; and (c) Cannot be moved, used, sold, or disposed of without prior Department permission. The Department shall permit storage of the Produce under conditions specified in the Quarantine Order, unless storage is not possible without imminent threat to public health, in which case immediate Destruction of the Produce may be ordered. If the Quarantine Order addresses Adulterated Produce or Misbranded Produce, the Department shall take necessary steps for the Destruction, or reconditioning of the Produce. (10) The Farm shall be responsible for the storage of Embargoed or Quarantined Produce. If appropriate storage is unavailable, the Farm shall be responsible for any costs incurred to store such Produce. The Farm is responsible for any additional fees associated with the storage of such Produce, including any transportation costs. (11) Any Person who is an owner or operator of a Farm that is subject to an Order issued under 330 CMR 34.07 shall be jointly and severally liable for compliance with the Order. (12) Nothing in 330 CMR 34.07 shall be construed to limit the Department's authority to issue an Order to respond to a condition that may present a public health hazard, or to issue Orders necessary to effectuate the purposes of the Produce Safety Rule, and 330 CMR 34.00 et seq. This shall apply whether the Produce is Adulterated Produce through microbial or non-microbial means, or Misbranded Produce.