reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.06 - Standards for Grade "A" Raw Milk for Retail Sale

Current through Register 1525, July 5, 2024
All Grade "A" raw milk for retail sale shall be produced and
				handled to conform with the following chemical, bacteriological, and
				temperature standards, and the sanitation requirements of 330 CMR 27.06
GRADE "A" RAW FOR RETAIL MILK
Temperature....
Cooled to 40 °F (4.45 °C) or less within two
							 hours after milking, provided that the blend temperature after the first and
							 subsequent milkings does not exceed 50°F (10°C).
Bacterial Limit..........
Individual producer milk shall not exceed 20,000 per
							 ml.
Coliform
Not to exceed 10 per ml.
Drags..........
No zone greater than or equal to 16mm with
Bacillus Sterothermophilus
disc assay method specified in
							 Appendix G of the most recent edition of the PMO or any other method approved
							 by the Department. No Individual producer milk shall have a positive result for
							 drag residue in excess of the allowable level in the most recent edition of the
							 PMO.
Somatic Cell...
Individual producer milk shall not exceed 750,000 per
							 ml.
Cryoscope......
(-)0.525°C unless proved to be free of added
							 water.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.07 - Sanitation Requirements For Grade "A" Raw Milk

Current through Register 1525, July 5, 2024
The following requirements shall be applicable to raw milk for
				pasteurization, ultra pasteurization or aseptic processing and Grade A raw milk
				for retail sale.
(1)
Abnormal Milk
. Cows which show evidence of the
			 secretion of abnormal milk in one or more quarters, based upon bacteriological,
			 chemical, or physical examination, shall be milked last or with separate
			 equipment and the milk shall be discarded. Cows treated with, or cows which
			 have consumed chemical, medicinal or radioactive agents which are capable of
			 being secreted in the milk and which, in the judgment of the regulatory agency,
			 may be deleterious to human health, shall be milked last and the milk disposed
			 of as the Department may direct.
(2)
Milking Barn, Stable, or
			 Parlor -- Construction
. A milking barn, stable, or parlor shall be
			 provided on all dairy farms in which the milking herd shall be housed during
			 milking time operations. The areas used for milking purposes shall:
(a) In the case of new construction, have
			 floors constructed of concrete or equally impervious material that are easily
			 cleanable. Convalescent (maternity) pens located in milking areas of
			 stanchion-type barns may be used subject to Departmental approval;
(b) Have walls and ceiling which are smooth,
			 painted or finished in an approved manner, in good repair, the ceiling shall be
			 dust tight;
(c) Have separate
			 stalls or pens for horses, calves, and bulls;
(d) Be provided with natural and/or
			 artificial light, well distributed for day and/or night milking;
(e) Provide sufficient air space and air
			 circulation to prevent condensation and excessive odors;
(f) Not be overcrowded;
(g) Have dust tight covered boxes or bins, or
			 separate storage facilities for ground, chopped, or concentrated
			 feed.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.08 - Additional Requirements For Grade "A" Raw Milk For Retail Sale

Current through Register 1525, July 5, 2024
The following requirements shall be applicable to raw milk for
				retail sale, in addition to the requirements in
				330 CMR
				27.07.
(1)
Storage
. Milk
			 shall be stored in an approved milk tank or stainless steel cans. All
			 containers shall be stored at 40 °F (4.45 °C) or below in facilities
			 which have been approved by the commissioner or her/his agent. A commercial
			 refrigeration unit constructed of impervious material that is smooth and easily
			 cleaned may be used for the purpose of storing retail raw milk in containers. A
			 household refrigeration unit in good mechanical and physical condition is also
			 permitted. All facilities shall be equipped with an accurate thermometer
			 graduated in no more than two degree increments. The use of wet storage
			 facilities shall be prohibited under all circumstances for the handling of
			 consumer type containers.
(2)
Containers
. All sanitary containers shall be
			 provided/supplied by the dairy. All containers shall be stored in a manner that
			 minimizes contamination of the containers. Single-service containers and lids
			 must come from an approved source and not be reused. Returnable containers must
			 be washed, rinsed, and sanitized before refilling. Lids for returnable
			 containers shall not be reused.
(3)
Bottling and Capping
. All bottling and capping of
			 Grade A raw milk for retail sale shall be done on approved mechanical
			 equipment, except for those dairies where volume causes this to be impractical.
			 All caps shall be designed and constructed so that the removal of such caps
			 cannot be made without detection. Hand capping is allowed provided:
(a) All caps or lids must be kept immersed in
			 a 50 ppm solution of chlorine for a minimum of one minute and immediately
			 placed on a container.
(b) Operator
			 must wear disposable plastic gloves while filling and capping, or hands must be
			 thoroughly washed and sanitized prior to and during operations.
(c) Milk is withdrawn through bottom (outlet)
			 valve of tank. "No Dipping."
(d)
			 Filling of containers must be done in a sanitary manner to preclude possible
			 contamination: container filling by the consumer is prohibited.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.09 - Review of Plans for Construction or Remodeling of Milking Centers

Current through Register 1525, July 5, 2024
When a milking center or potable water source is to be
				constructed or extensively remodeled, or an existing structure is to be
				converted for use as a milking center, properly prepared plans and
				specifications for such construction, remodeling or alteration, showing layout,
				arrangement and construction materials of work areas, and the location, size
				and type of fixed equipment and facilities, shall be submitted to the
				Department, or the appropriate out-of-state regulatory authority for approval
				before such work is begun.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.10 - Administration and Enforcement

Current through Register 1525, July 5, 2024
(1)
General Administration
. The following provisions shall
			 cover the administration and enforcement of
			 330 CMR 27.00.
(2)
State
			 Enforcement
(a) The Department
			 may enforce
			 330 CMR 27.00 by suspension
			 or revocation of certificates of registration in accordance with
			 330 CMR
			 27.16.
(b) If the Commissioner or her/his agent
			 determines, as a result of any study, inspection or survey made by the
			 Department, that compliance with
			 330 CMR 27.00 has not been
			 effected, he or she shall take appropriate action to effect
			 compliance.
(c) Notwithstanding any
			 other provision of
			 330 CMR 27.00, if the
			 Commissioner or her/his agent determines that an imminent health hazard exists,
			 resulting from the operation of a dairy farm, she/he may without prior notice
			 to the board of health take whatever action is necessary to effect compliance
			 with
			 330 CMR 27.00.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.11 - Certificate of Registration: Issuance

Current through Register 1525, July 5, 2024
(1)
General
(a) No
			 person shall sell or offer or expose milk for sale produced on a dairy farm for
			 use or disposal elsewhere than on such farm, unless as to such farm a
			 Certificate of Registration has been issued by the Commissioner.
(b) Only a person who complies with the
			 requirements of
			 330 CMR 27.00 shall be
			 entitled to receive and retain a certificate.
(c) The certificate shall be posted in the
			 milkroom.
(d) A certificate shall
			 not be transferable from a person or a place.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.12 - Inspections

Current through Register 1525, July 5, 2024
(1)
General
(a) The Department shall cause an inspection
			 to be made of every dairy farm within the Commonwealth of Massachusetts at
			 least once every six months, and may cause the inspection of dairy farms
			 operating outside the Commonwealth of Massachusetts once every six months, and
			 as often as necessary for the enforcement of
			 330 CMR 27.00. These
			 inspections may be conducted by the Department.
(b) Agents of the Department, may enter all
			 parts of any dairy farm at any reasonable time for the purpose of making an
			 inspection to ascertain whether the farm is in compliance with
			 330 CMR 27.00. No prior
			 notice of inspection is required. They may examine the records of the farm to
			 obtain information pertaining to the number of dairy cows over two years of
			 age, the number of dairy cows currently milking, the number of heifers less
			 than two years of age, the production of milk per day, and a determination of
			 where the milk is being shipped.
(c) If the certificatee or person in charge
			 at the time of the inspection refuses entry to an agent of the Department, or
			 refuses to permit an authorized inspection, the Commissioner or his or her
			 agent may immediately suspend the certificate of the dairy farm, without prior
			 notice or hearing, in accordance with
			 330 CMR
			 27.16(1).
(d) If the certificatee or any of his or her
			 employees interferes with the Department in the performance of its duties, the
			 Department may take steps to suspend or revoke the certification of the dairy
			 farm in accordance with
			 330 CMR
			 27.16(2) through
			 (4).
(e) The Department may accept inspections by
			 out-of-state regulatory authorities, for renewal purposes, for producers
			 shipping milk into the Commonwealth of Massachusetts from out-of-state
			 locations for compliance with
			 330 CMR 27.00.
(f) Violations of
			 330 CMR
			 27.07 and
			 27.08
			 shall be recorded on appropriate ledgers for evaluation of compliance with 330
			 CMR 27.12(3)(d). A computer or other information retrieval system may be
			 used.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.13 - Examination of Milk

Current through Register 1525, July 5, 2024
Milk may be examined or sampled by the Department.
(1)
Sampling
(a) During any consecutive six month period,
			 at least one sample per month shall be taken of raw milk for pasteurization,
			 ultra-pasteurization, or aseptic processing and raw for retail sale at the
			 dairy farm.
(b) All samples of milk
			 for pasteurization, ultra pasteurization or aseptic processing shall be
			 collected and delivered to a milk plant, receiving station, or other location
			 approved by the regulatory agency.
(c) Samples of raw milk for retail sale shall
			 be taken while in the possession of the farm or at any time prior to delivery
			 to the plant or consumer.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.14 - Enforcement Standards

Current through Register 1525, July 5, 2024
(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(l)(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 regulatory authorities 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.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.15 - Hearings

Current through Register 1525, July 5, 2024
(1) The person or persons to whom any order
			 issued pursuant to 330 CMR 27.016(1) or (2) has been directed may request a
			 hearing before the Department.
(2)
			 A request for a hearing may be made by the certificatee to the Department in
			 writing or by telephone to a person authorized to schedule a hearing.
(3) Upon receipt of a request for a hearing,
			 the Department shall set a time and a place for such hearing and shall inform
			 the petitioner thereof. Hearings may be requested for violations of
			 330 CMR
			 27.14 or
			 27.16(1) or
			 (2) and shall normally be held within 72
			 hours of the request. However, upon application of the petitioner, the
			 Department may postpone the date of the hearing for a reasonable time if in the
			 judgment of the Department the petitioner has submitted a good and sufficient
			 reason for such postponement.
(4)
			 At the hearing the petitioner shall be given an opportunity to be heard and to
			 show why the order should be modified or withdrawn. Any oral testimony given at
			 a hearing may be recorded verbatim.
(5) After the hearing, the Department shall
			 make a final decision based upon the complete hearing record, and shall inform
			 the petitioner in writing of the decision. If the Department sustains or
			 modifies an order, it shall be carried out within the time period allotted in
			 the original order or in the modification.
(6) Every notice, order, decision and other
			 record prepared by the Department in connection with the hearing shall be
			 entered as a matter of public record.
(7) Any person aggrieved by the final
			 decision of the Department may seek relief in a court of competent jurisdiction
			 in the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.16 - Certificate: Suspension or Revocation

Current through Register 1525, July 5, 2024
(1)
Suspension without a Prior Hearing
(a) The commissioner or his or her agent may,
			 without prior notice or hearing, immediately suspend a certificate to operate a
			 dairy farm if an imminent health hazard is found to exist.
(b) The commissioner or his or her agent may,
			 without granting a prior hearing, immediately suspend a certificate if:
1. A second violation of the same requirement
			 of
			 330
			 CMR 27.05,
			 27.06,
			 27.07,
			 or
			 27.08
			 is found to exist on a second inspection, in accordance with
			 330 CMR
			 27.12(3)(d); or
2. A violation as specified in
			 330 CMR 27.14(l)(b)
			  is found to exist.
(c) The commissioner or his or her agent may,
			 without prior notice or hearing, immediately suspend a certificate to operate a
			 dairy farm if an agent of the Department is refused entry to the farm or is
			 prevented from conducting an authorized inspection, as specified in
			 330 CMR
			 27.12.
(d) Whenever a suspension is ordered pursuant
			 to 330 CMR 27.16(l)(a) through (c), the order shall state:
1. The reason(s) for the immediate
			 suspension;
2. The violation(s)
			 leading to the determination that an imminent health hazard exists, if
			 applicable; and
3. That a hearing
			 will be held if a request for a hearing is made to the Department, in writing
			 or by telephone to a person authorized to schedule a hearing, by the
			 certificatee.
(e) The
			 order recommending immediate suspension of the certificate shall be effective
			 upon determination at the premises by an authorized agent of the Department. If
			 the certificatee is not present at the time of such posting, a copy of the
			 order of suspension shall be served in accordance with
			 330 CMR
			 27.17(3).
(f) The Department shall hold a hearing after
			 a request for a hearing has been made to the bureau, in writing or by telephone
			 to a person authorized to schedule a hearing, by the certificatee.
(g) Whether or not a hearing is requested,
			 the Department may end the suspension at any time if reasons for the suspension
			 no longer exist.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.17 - Orders for Suspension or Revocation

Current through Register 1525, July 5, 2024
(1)
			 If, pursuant to
			 330 CMR
			 27.16, the Department orders the suspension
			 or revocation of a dairy farm certificate, the certificatee shall be so
			 notified by a written order.
(2)
			 The order shall include, but need not be limited to, the following:
(a) The name and location of the dairy
			 farm;
(b) The reasons for the
			 suspension or revocation, and a description of such operation;
(c) The date the suspension or revocation is
			 or will become effective;
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.18 - Certificate: Reinstatement after Suspension

Current through Register 1525, July 5, 2024
(1) Any certificatee whose certificate has
			 been suspended may make written application to the Department for the
			 reinstatement of his or her certificate.
(2) When the certificate suspension has been
			 due to a violation of any of the bacterial, DMSCC and anti-biotic, or cooling
			 temperature standards, the Department shall, after notification by a
			 producer-applicant, or after laboratory results have been received, reinstate
			 the certificate after determining by an inspection of the facilities and
			 operating methods that the conditions responsible for the violations have been
			 corrected. This inspection may be conducted by the Department.
(3) Whenever the certificate suspension has
			 been due to violation of a requirement other than bacteriological, DMSCC and
			 antibiotic or cooling temperature standards, the application shall indicate
			 that the violation(s) has been corrected. Within one week of the receipt of
			 such application, the Department shall cause an inspection of the applicant's
			 establishment to take place, and as many additional inspections thereafter as
			 are deemed necessary, to determine that the applicant's establishment is in
			 compliance with
			 330 CMR
			 27.07 and/or 27.08. These inspections may be
			 conducted by the Department. When the findings justify, the Department shall
			 reinstate the certificate.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.19 - Grade A Fluid Milk from Outside the Commonwealth

Current through Register 1525, July 5, 2024
(1) Fluid milk from a dairy farm outside the
			 Commonwealth of Massachusetts may be sold or served within the Commonwealth of
			 Massachusetts if such dairy farm has received a Certificate of Registration
			 from the Department of Agricultural Resources pursuant to M.G.L. c. 94.
(a) Upon arrival at the plant, commingled
			 milk for pasteurization shall comply with the bacteriological, chemical and
			 temperature standards of
			 330
			 CMR 27.05.
(b) Raw and pasteurized milk received from
			 sources outside the Commonwealth of Massachusetts shall be sampled as the
			 Department requires.
(c) Grade A
			 fluid milk shall be produced under regulations substantially equivalent to
			 those of
			 330 CMR 27.00.
(d) Grade A fluid milk shall be under routine
			 official supervision.
(e) Grade A
			 fluid milk must have been awarded, by a State Milk Sanitation Rating Officer
			 certified by the U.S. Food and Drug Administration, a milk sanitation
			 compliance rating of 90% or higher and an enforcement rating of 90% or higher.
			 Milk not meeting these requirements shall be prohibited from entering the
			 Massachusetts market.
(f) All
			 ratings are made on the basis of procedures outlined in the latest revision of
			 Methods of Making Sanitation Ratings of Milk Supplies and the most recent
			 edition of the Recommendations of the United States Public Health Service/Food
			 and Drug Administration, or any successor document.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.20 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				330 CMR 27.00 shall be
				declared invalid for any reason whatsoever, that decision shall not affect any
				other portion of
				330 CMR 27.00, which shall
				remain in full force and effect; and to this end the provisions of
				330 CMR 27.00 are hereby
				declared severable.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.21 - Adoption of the Appendixes to the Grade "A" Pasteurized Milk Ordinance (PMO)

Current through Register 1525, July 5, 2024
The Department hereby adopts and incorporates by reference the
				Appendixes to the Grade "A" Pasteurized Milk Ordinance (PMO) as promulgated and
				as amended by the United States Department of Health and Human Services as they
				relate to farms and milk producers, except for those provisions specifically
				omitted by 330 CMR 27.21 The following Appendixes to the PMO are not adopted:
				A, E, H, I, J and L.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
330 CMR
			 28.00 has been prepared for the purpose of insuring
			 the quality and safety of milk and milk products consumed in Massachusetts.
			 330 CMR
			 28.00 establish administrative and enforcement
			 procedures for the inspection of milk plants and out-of-state pasteurization
			 plants; and the permitting of receiving stations, transfer stations and
			 out-of-state pasteurization plants. For the purpose of
			 330 CMR
			 28.00 out-of-state pasteurization plants which process
			 ultra-pasteurized and/or aseptic milk or milk products are not subject to
			 330 CMR
			 28.00.
			 330 CMR
			 28.00 is consistent with regulations issued by the
			 Food and Drug Administration, Public Health Service, United States Department
			 of Health and Human Services; however, the bacteriological and temperature
			 standards may be more stringent in some cases.
(2)
Scope
.
			 330 CMR
			 28.00 applies to every milk plant and out-of-state
			 pasteurization plant which offers for sale or transports milk or milk products
			 in final package form into Massachusetts. Out-of-state pasteurization plants
			 which process ultra-pasteurized and/or aseptic milk or milk products are not
			 subject to
			 330 CMR
			 28.00.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.02 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of
				330 CMR
				28.00, the Department adopts the definitions for the
				items in the most recent edition of the Grade "A" Pasteurized Milk Ordinance as
				promulgated by the United States Department of Health and Human Services. The
				following additional definitions shall apply in the interpretation and
				enforcement of
				330 CMR
				28.00.
Commissioner
. The Commissioner of the
				Department of Agricultural Resources.
Department
. The Massachusetts
				Department of Agricultural Resources.
Raw Milk For Pasteurization
. Grade "A"
				milk and raw products thereof which comply with the sanitary standards for
				their production, transportation, receiving, handling, storage, processing,
				distribution and sale as determined by the Commissioner in
				330 CMR 27.00 through
				29.00.
Regulatory Agency
. Any out-of-state
				regulatory agency with functions, powers, and authority similar to that
				accorded the Massachusetts Department of Agricultural Resources or its
				subdivisions.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.03 - Adoption of the Pasteurized Milk Ordinance (PMO)

Current through Register 1525, July 5, 2024
(1) The Department hereby adopts and
			 incorporates by reference the Grade "A" Pasteurized Milk Ordinance (PMO) as
			 promulgated by the United States Department of Health and Human Services along
			 with its appendixes and any updates, amendments and changes, and including any
			 documents referenced or incorporated by the PMO, as they relate to milk
			 processors, except for those provisions specifically omitted by 330 CMR
			 28.03.
(2) The Department does not
			 adopt any part of the PMO, along with any updates, amendments and changes, and
			 any documents referenced or incorporated by the PMO, for the sole purpose of
			 regulating dairy farms. In addition, the following provisions are specifically
			 not adopted by the Department:
(a) Definitions
			 D, U, X and Y;
(b) Sections, 3, 5,
			 6, 8, 9, 11, 12, 15, 16, 17 and 18.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.04 - General Administration

Current through Register 1525, July 5, 2024
(1)
Scope
. The following provisions shall cover the
			 administration and enforcement of
			 330 CMR
			 28.00.
(2)
State Enforcement
.
(a) The Department may enforce
			 330 CMR
			 28.00 by suspension or revocation of permits in
			 accordance with 330 CMR 28.07.
(b)
			 If the Commissioner or his designee determines, as a result of any study,
			 inspection or survey made by the Department, that compliance with
			 330 CMR
			 28.00 has not been effected, he shall take appropriate
			 action to effect compliance.
(c)
			 Notwithstanding any other provision of
			 330 CMR
			 28.00, if the Commissioner or his agent determines
			 that an imminent health hazard exists, resulting from the operation of an
			 out-of-state pasteurization plant, milk plant, transfer station or receiving
			 station, he may take whatever action is necessary to effect compliance with
			 330 CMR
			 28.00.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.05 - Permit: Issuance and Renewal

Current through Register 1525, July 5, 2024
(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.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.06 - Inspections

Current through Register 1525, July 5, 2024
(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.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.07 - Permit: Suspension, Revocation, Refusal to Issue or Renew

Current through Register 1525, July 5, 2024
(1)
Suspension Without a Prior
			 Hearing
.
(a) The Commissioner or
			 his or her agent may, without prior notice or hearing, immediately suspend a
			 permit to operate a transfer station, receiving station or out-of-state
			 pasteurization plant if an imminent health hazard is found to exist.
(b) The Commissioner or his or her agent may,
			 without granting a prior hearing, immediately suspend a permit if:
1. A second violation of the same requirement
			 of
			 330 CMR
			 28.00 is found to exist on a second inspection, in
			 accordance with
			 330 CMR
			 28.00 or
2. A violation as specified in
			 330 CMR
			 28.03 is found to exist.
(c) The Commissioner or his or her agent may
			 without prior notice or hearing immediately suspend a permit if an agent of the
			 Department is refused entry to or is prevented from conducting an authorized
			 inspection of a transfer station, receiving station or an out-of-state
			 pasteurization plant.
(d) Whenever
			 a suspension is ordered pursuant to 330 CMR 28.07, the order shall state:
1. The reason(s) for the immediate
			 suspension;
2. The violation(s)
			 leading to the determination that an imminent health hazard exists, if
			 applicable; and
3. That a hearing
			 will be held if a request for a hearing is made to the Department or
			 Commissioner, as the case may be, in writing or by telephone, by the
			 permittee.
(e) The order
			 immediately suspending the permit or operation(s) shall be effective upon
			 posting of the order on the premises by an authorized agent of the Department.
			 If the permittee whose name appears on the permit is not present at the time of
			 such posting, or if the permittee is a corporation of other firm, a copy of the
			 order of suspension shall be served in accordance with 330 CMR 28.06.
(f) The Department shall hold a hearing after
			 a request for a hearing has been made to the Department, in writing or by
			 telephone to a person authorized to schedule a hearing by the
			 permittee.
(g) Whether or not a
			 hearing is requested, the Commissioner, the Department or an agent thereof may
			 end the suspension at any time if reasons for the suspension no longer
			 exist.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.08 - Service of Orders for Suspension or Revocation

Current through Register 1525, July 5, 2024
(1)
			 If pursuant to 330 CMR 28.07, the Department orders the suspension or
			 revocation of a permit, the permittee shall be so notified by a written
			 order.
(2) The order shall include
			 but need not be limited to the following:
(a)
			 The name and location of the transfer station, receiving station or
			 out-of-station pasteurization plant;
(b) The reason(s) for the suspension or
			 revocation, and a description of such operation;
(c) The date the suspension or revocation is
			 or will become effective.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.09 - Hearings

Current through Register 1525, July 5, 2024
(1) The person(s) to whom any order issued
			 pursuant to 330 CMR 28.07 has been directed may request a hearing before the
			 Department.
(2) A request for a
			 hearing may be made by the permittee to the Department in writing or by
			 telephone to a person authorized to schedule a hearing.
(3) Upon receipt of a request for a hearing,
			 the Department shall set a time and a place for such hearing and shall inform
			 the petitioner thereof.
(4) At the
			 hearing, the petitioner shall be given an opportunity to be heard and to show
			 why the order should be modified or withdrawn. Any oral testimony given at a
			 hearing may be recorded verbatim.
(5) After the hearing, the Department shall
			 make a final decision based upon the complete hearing record, and shall inform
			 the petitioner in writing of the decision. If the Department sustains or
			 modifies an order, it shall be carried out within the time period allotted in
			 the original order or in the modification.
(6) Every notice, order, decision and other
			 record prepared by the Bureau in connection with the hearing shall be entered
			 as a matter of public record in the office of the agency.
(7) Any person aggrieved by the final
			 decision of the Department may seek relief in a court of competent
			 jurisdiction.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.10 - Permit: Reinstatement after Suspension

Current through Register 1525, July 5, 2024
Any permittee whose permit has been suspended may make written
				application to the Department for the reinstatement of his or her permit. A
				permit may be reinstated if the permittee has corrected all violations and is
				in compliance with the conditions for issuance of a permit, pursuant to 330 CMR
				28.05(5).
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.11 - Criminal Penalties

Current through Register 1525, July 5, 2024
Any person who sells, exchanges or delivers or has in his
				possession with intent to sell, exchange, or deliver, milk shipped within or
				into Massachusetts from a milk plant or out-of-state pasteurization plant which
				has not been issued a permit is subject to a fine of not less than $500 but not
				more than $1,000 for the first offense; not less than $1,000 but not more than
				$5,000 for the second offense, and $5,000 and imprisonment for not less than
				six months for subsequent offenses.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 28.00 - Milk And Milk Products › Section 28.12 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				330 CMR
				28.00 shall be declared invalid for any reason
				whatsoever, that decision shall not affect any other portion of
				330 CMR
				28.00, which shall remain in full force and effect;
				and to this end the provisions of
				330 CMR
				28.00 are hereby declared severable.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 29.00 - DAIRY FARMER TAX CREDIT PROGRAM › Section 29.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
330 CMR 29.00 implements
				M.G.L. c. 62, §§ 6(o)(1) through (4) and M.G.L. c. 63 § 38Z,
				which establishes a tax credit to dairy farmers to offset the cyclical
				downturns in milk prices paid to dairy farmers.
The purpose of
				330 CMR 29.00 is to provide a
				safety net program that supports Massachusetts dairy farms through its
				provision of revenue stability to dairy farmers when either milk prices paid to
				farmers fall or costs of production rise relative to one another. An Eligible
				Taxpayer who holds a Certificate of Registration shall be eligible to receive a
				refundable state income tax credit based on the amount of milk produced and
				sold, such that if the price paid to dairy farmers drops below the Trigger
				Price, the taxpayer may receive the tax credit. The total annual value of the
				tax credit to all Eligible Taxpayers shall not exceed $6
				million.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 29.00 - DAIRY FARMER TAX CREDIT PROGRAM › Section 29.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				330 CMR 29.00:
Annual Milk Production
. The sum of the
				monthly milk production reported by an Eligible Taxpayer for the calendar
				year.
Certificate of Registration
. The
				certificate of registration issued by the Commissioner pursuant to M.G.L. c.
				94, § 16A.
Commissioner
. The Commissioner of the
				Department of Agricultural Resources.
Dairy Farmer Tax Credit
. An amount
				calculated by multiplying the Dairy Farmer Tax Credit Rate by the number of
				hundredweights of the Annual Milk Production of an Eligible Taxpayer as
				reported under
				330 CMR
				29.03.
Dairy Farmer Tax Credit Rate
. A value
				calculated by dividing the Total Tax Credit by the number of hundredweights of
				milk in the Total Milk Production.
Eligible Taxpayer
. A taxpayer or
				domestic or foreign corporation that holds a Certificate of
				Registration.
Farm Price
. The farm price of milk as
				calculated in
				330 CMR
				29.05(3).
Northeast Federal Milk Marketing
				Order
. 7 CFR 1001.
Northeast Marketing Area
. The area
				established by the Northeast Federal Milk Marketing Order pursuant to 7 CFR
				1001 which is the United States Federal Milk Marketing Order for the applicable
				market as required by M.G.L. c. 62, § 6(o)(1).
Program
. The Dairy Farmer Tax Credit
				Program.
Statistical Uniform Price
. The
				Statistical Uniform Price at 3.5% Butterfat as announced monthly by the
				Northeast Federal Milk Marketing Order for the Northeast Marketing Area.
Total Cumulative Value of Credits
. The
				total cumulative value of authorized credits as provided in M.G.L. c. 62,
				§ 6(o)(3) and M.G.L. c. 63, § 38Z.
Total Milk Production
. The sum of all
				the Annual Milk Production of all Eligible Taxpayers.
Total Tax Credit
. A value obtained by
				multiplying the Trigger Percent by the Total Cumulative Value of Credits, not
				to exceed $6 million.
Trigger Percent
. The number of months
				for which the Farm Price is less than or equal to the Trigger Price divided by
				12.
Trigger Price
. The price established
				by the Commissioner for the purpose of calculating the tax credit pursuant to
				330 CMR
				29.05(2).
UMass
. The University of
				Massachusetts.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 29.00 - DAIRY FARMER TAX CREDIT PROGRAM › Section 29.03 - Dairy Farmer Eligibility

Current through Register 1525, July 5, 2024
(1) Any Eligible
			 Taxpayer wishing to participate in the Program shall complete and submit a
			 disclosure statement on a form provided by Commissioner, to the Commissioner,
			 no later than January 15th of the following tax
			 year. The disclosure statement shall include, at a minimum, the following
			 information:
(a) taxpayer identification
			 information;
(b) shareholder
			 information, if applicable; and
(c)
			 a statement authorizing the Commissioner to obtain milk production information
			 from a third-party that purchased milk from the Eligible Taxpayer, which shall
			 be deemed to authorize the release of production data required for the
			 administration of this Program, or a monthly milk production report, if not
			 submitted by a third-party on behalf of the Eligible Taxpayer.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 29.00 - DAIRY FARMER TAX CREDIT PROGRAM › Section 29.04 - Certification of Eligibility and Tax Credit

Current through Register 1525, July 5, 2024
By January 31st of each year, the
				Commissioner shall provide the Department of Revenue a list of Eligible
				Taxpayers that may claim the Dairy Farmer Tax Credit under
				330 CMR 29.00. The list shall
				contain the taxpayer's name, tax identification number, Annual Milk Production,
				and the amount of the Total Tax Credit to which the Eligible Taxpayer is
				entitled. The Commissioner shall certify that the Eligible Taxpayers listed
				have met the eligibility requirements and that, to the best of the
				Commissioner's knowledge, the milk production reports submitted by an Eligible
				Taxpayer are accurate. A copy of the certification shall be sent to the
				Eligible Taxpayer.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 29.00 - DAIRY FARMER TAX CREDIT PROGRAM › Section 29.05 - Tax Credit Calculations

Current through Register 1525, July 5, 2024
(1) On or
			 before January 31st of the following applicable tax
			 year, the Commissioner shall determine the following values:
(a) Trigger Price;
(b) Farm Price;
(c) Trigger Percent;
(d) Total Tax Credit;
(e) Dairy Farmer Tax Credit Rate;
			 and
(f) Dairy Farmer Tax
			 Credit.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 29.00 - DAIRY FARMER TAX CREDIT PROGRAM › Section 29.06 - Application of the Tax Credit to an Eligible Taxpayer's Tax Return

Current through Register 1525, July 5, 2024
(1) The amount of the Dairy Farmer Tax Credit
			 shall be applied to the Eligible Taxpayer's state income tax return as follows:
(a) If the tax liability of the Eligible
			 Taxpayer is greater than the Dairy Farmer Tax Credit, the taxpayer's tax
			 liability shall be reduced by the amount of the credit.
(b) If the tax liability of the Eligible
			 Taxpayer is zero, the Dairy Farmer Tax Credit shall be refunded to the
			 taxpayer.
(c) If the tax liability
			 of the Eligible Taxpayer is less than the Dairy Farmer Tax Credit, the tax
			 liability shall be reduced to zero. The difference between the Dairy Farmer Tax
			 Credit and the tax liability shall be refunded to the taxpayer.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 29.00 - DAIRY FARMER TAX CREDIT PROGRAM › Section 29.07 - Determination of Error and Recalculation of Tax Credit

Current through Register 1525, July 5, 2024
(1)
Petition to Determine
			 Error
. On or before October 1st of any
			 year, a written petition, signed under the penalties of perjury, may be filed
			 with the Commissioner requesting that the Board of Food and Agriculture
			 determine that an error has been made in calculating the Trigger Price, the
			 reporting or collecting data used in the calculation of the Trigger Price, or
			 in the amount of the Dairy Farmer Tax Credit, for the previous year. The
			 petition shall specifically identify the errors believed to have been made. To
			 be considered, the petition must be signed by 25% of the Eligible
			 Taxpayers.
(2)
Transmittal of Petition to Board of Food and
			 Agriculture
. The Commissioner shall first verify the form and
			 content of the petition and that it has been signed by the required number of
			 Eligible Taxpayers. Upon verification, the Commissioner shall, within ten
			 business days of receipt of the petition, transmit a copy of the petition along
			 with his verification to the Board of Food and Agriculture.
(3)
Determination by the Board of
			 Food and Agriculture
. Within 30 days of receipt of the petition,
			 the Board of Food and Agriculture shall determine whether an error has been
			 made. In making such a determination, the Board may, after notice, hold a
			 public hearing regarding the specific error or errors identified in the
			 petition. If the Board decides to hold a public hearing, the hearing must be
			 held not less than seven days or more than 21 days from the date of
			 notice.
(4)
Recalculation
. Within ten business days of a
			 determination by the Board of Food and Agriculture that an error has been made,
			 the Commissioner shall recalculate, with or without amendment, the Trigger
			 Price or Dairy Farmer Tax Credit by any method which, in his opinion, is
			 sufficient to address the error.
(5)
Notification of Department of
			 Revenue and Taxpayers
. The Commissioner shall transmit to the
			 Commissioner of the Department of Revenue a list of Eligible Taxpayers that may
			 claim the recalculated Dairy Farmer Tax Credit as soon as practicable. The list
			 shall contain the taxpayer's name, tax identification number, Annual Milk
			 Production, and the amount of the Dairy Farmer Tax Credit to which the Eligible
			 Taxpayer is entitled. The Commissioner shall also transmit to the Eligible
			 Taxpayer a calculation showing any revised tax credit amount to which they are
			 entitled.