Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 500.000 - Good Manufacturing Practices For Food › Administration and Enforcement › Section 500.201 - Licensure

Current through Register 1525, July 5, 2024
(A)
License and Permit
				Requirements; Applicable Regulatory Agency
. The following types of
				food-related operations require a license or permit from the following
				regulatory agencies. In some circumstances, a person may require more than one
				license or permit.
(1) A person who operates
				a residential kitchen that prepares food for wholesale sale: a license issued
				by the Department pursuant to M.G.L. c. 94, § 305C.
(2) A person who operates as a retail seafood
				dealer or a wholesale seafood dealer or who operates a wholesale seafood truck:
				a permit issued jointly by the Department and the Division of Marine Fisheries
				pursuant to M.G.L. c. 130, § 80.
(3) A person who cooks, smokes, or otherwise
				processes seafood, or combines seafood with non-seafood ingredient(s), for sale
				at wholesale: a license issued by the Department pursuant to M.G. L. c. 94,
				§ 305C.
(4) A person who
				slaughters livestock or poultry, processes meat or poultry for sale at
				wholesale, custom slaughters livestock or poultry, or custom processes meat or
				poultry: a license issued by the Department pursuant to M.G. L. c. 94, §
				120.
(5) A person who operates a
				milk pasteurization plant: a license (which may be called a permit) issued by
				the board of health pursuant to M.G.L. c. 94, § 48A.
(6) A person who manufactures butter or
				cheese in Massachusetts for sale at wholesale in a facility separate from a
				pasteurization plant (
i.e.
does not hold a license under
				M.G.L. c. 94, § 48A): a license issued by the Department pursuant to M.G.
				L. c. 94, § 305C.
(7) A person
				who manufactures frozen desserts or frozen dessert mix within Massachusetts for
				sale at wholesale or retail: a license (which may be called a permit) issued by
				the board of health pursuant to M.G.L. c. 94, § 65H.
(8) A person who manufactures frozen desserts
				or frozen dessert mix outside Massachusetts and sells such products in
				Massachusetts: a license issued by the Department pursuant to M.G. L. c. 94,
				§ 65H.
(9) A person who,
				within Massachusetts, manufactures or bottles carbonated non-alcoholic
				beverages or bottled water, whether carbonated or non-carbonated, for human
				consumption: a license (which may be called a permit) issued by the board of
				health pursuant to M.G.L. c. 94, § 10A.
(10) A person who, outside Massachusetts,
				manufactures or bottles carbonated nonalcoholic beverages or bottled water,
				whether carbonated or non-carbonated, for human consumption and sells such
				products in Massachusetts: a license issued by the Department pursuant to M.G.
				L. c. 94, § 10A.
(11) A person
				who manufactures juice or apple cider for sale at wholesale: a license issued
				by the Department pursuant to M.G. L. c. 94, § 305C.
(12) A person who manufactures or processes
				any food not specifically named in 105 CMR 500.201(A)(1) through (11),
				including dietary supplements, for sale at wholesale: a license issued by the
				Department pursuant to M.G. L. c. 94, § 305C.
(13) A person who operates a cold storage or
				refrigerating warehouse: a license issued by the Department pursuant to M.G. L.
				c. 94, § 66.
(14) A person who
				operates a food warehouse: a license issued by the Department pursuant to M.G.
				L. c. 94, § 305C.
(15) A
				person who transports or causes to be transported any bakery product into
				Massachusetts for the purpose of sale: a license issued by the Department
				pursuant to M.G.L. c. 94, § 305E.
Table 2 summarizes these requirements.
TABLE 2
Statute
Regulated Activity
License or Permit
Issuing Agency
M.G.L. c. 94, § 305C
Residential kitchen that prepares food for
								wholesale sale
License
DPH
M.G.L. c. 130, § 80
Retail seafood dealer
Permit (joint)
DPH and Division of Marine Fisheries
M.G.L. c. 130, § 80
Wholesale seafood dealer
Permit (joint)
DPH and Division of Marine Fisheries
M.G.L. c. 130, § 80
Wholesale seafood truck
Permit (joint)
DPH and Division of Marine Fisheries
M.G.L. c. 94, § 305C
Process,
etc.
seafood for sale at
								wholesale
License
DPH
M.G.L. c. 94, § 120
Slaughter or custom slaughter livestock or poultry;
								process or custom process meat or poultry
License
DPH
M.G.L. c. 94, § 48A
Operate a milk pasteurization plant
License (may be called a permit)
Local board of health
M.G.L. c. 94, § 305C
Manufacture butter or cheese for sale at wholesale
								in a facility separate from a pasteurization plant
License
DPH
M.G.L. c. 94, § 65H
Manufacture frozen desserts or frozen dessert mix
								within MA for sale at wholesale or retail
License (may be called a permit)
Local board of health
M.G.L. c. 94, § 65H
Manufacture frozen desserts or frozen dessert mix
								outside MA and sell them in MA
License
DPH
M.G.L. c. 94, § 10A
Manufacture or bottle within MA carbonated
								non-alcoholic beverages or bottled water for human consumption
License (may be called a permit)
Local board of health
M.G.L. c. 94, § 10A
Manufacture or bottle carbonated non-alcoholic
								beverages or bottled water for human consumption outside MA and sell them in
								MA
License
DPH
M.G.L. c. 94, § 305C
Manufacture juice or apple cider for sale at
								wholesale
License
DPH
M.G.L. c. 94, § 66
Operate a cold storage or refrigerating
								warehouse
License
DPH
M.G.L. c. 94, § 305C
Operate a food warehouse
License
DPH
M.G.L. c. 94, § 305E
Transport or cause to be transported any bakery
								product into MA for purpose of sale
License
DPH
M.G.L. c. 94, § 305C
Manufacture or process any food not specifically
								named above, including dietary supplements
License
DPH