reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 20.00 - Operation Of A Guard Dog Business › Section 20.09 - Licenses

Current through Register 1525, July 5, 2024
(1) A license to conduct a Guard Dog business
			 shall be applied for on or before November 1st of each year and shall be for
			 the period or part thereof beginning January 1st and ending the following
			 December 31st. Application shall be on a form issued by the Division of Animal
			 Health. Late applications shall be filed 60 days prior to opening and shall
			 expire on the following December 31st.
(2) Buildings, kennels and surrounding areas
			 shall be subject to an inspection and written approval by authorized agents
			 appointed under M.G.L. c. 147, § 10.
(3) If the Director approved the application
			 and determines that the applicant, the premise, the animals and the vehicles
			 and the person(s) listed as Trainer(s) are qualified as above, a license shall
			 be issued upon payment of the required fee for each licensing year or part
			 thereof. Renewal notices shall be mailed to the address as stated on the
			 license at least 30 days prior to the end of the licensing year but
			 responsibility for renewal rests with licensee.
(4) The Director may deny, revoke, suspend or
			 refuse to renew a license upon finding that the applicant or licensee has been
			 guilty of the following:
(a) Violation of any
			 provision of M.G.L. c. 129, § 39B, and/or of M.G.L. c. 272, or any Rule
			 and Regulation made pursuant thereto.
(b) Material misstatement in the application
			 for a license or renewal thereof.
(c) Aiding and abetting another in the
			 violation of or any Rule and Regulation made pursuant thereto.
(d) Allowing an issued license to be used by
			 an unlicensed person.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply › Section 21.01 - Definitions

Current through Register 1525, July 5, 2024
(1) Except as otherwise specified in the following provisions,
				all terms within
				330 CMR 21.00 shall conform
				to the definitions appearing in M.G.L c. 94A, § 1, and shall draw their
				practical meaning from the operation of
				330 CMR 21.00.
(2) The ensuing terms, not appearing in the statutory
				definitional section, shall take the following meanings:
Campaign Notice
. A notice sent on a
				form provided by the Department of Agricultural Resources by a milk dealer
				notifying the Department of an intention to offer a coupon in a marketing or
				promotion campaign within the Commonwealth of Massachusetts.
Coupon
. Any method or device, whether
				physical, electronic or otherwise, that rebates, returns, or reduces the price
				of packaged fluid milk.
Drop
. A delivery of milk to a
				retailer, store or subdealer.
Fair Market Area
. A geographic area
				surrounding a Producer Dealer designated as that Producer Dealer's marketing
				area which overlaps the geographic area identified in a Campaign Notice.
License
. Any permit or authorization
				which M.G.L. chs. 94 and 94A empower the Department of Agricultural Resources
				to issue.
Marketing Campaign
. A plan of a milk
				dealer to market, sell, or distribute fluid milk for consumer use and benefit
				within the Commonwealth of Massachusetts through the use of a coupon.
Notice of Determination
. A written
				notice of the commissioner's approval disapproval or approval with conditions
				of a promotion or marketing campaign and conditions placed thereon.
Predatory Campaign
. The use of the
				methods described in M.G.L. c. 94A, §§ 14(d) or 14(e) with the
				effect, whether intentional or not, of unfairly diverting trade from a producer
				dealer or otherwise injuring or of destroying a producer dealer.
Producer Dealer
. A producer who
				processes milk produced on the farm for retail sale.
Promotion Campaign
. A plan or
				intention of a milk dealer to promote fluid milk for consumer use and benefit
				within the Commonwealth of Massachusetts through the use of a coupon.
Subdealer
. Any person or entity
				engaged in the business of distributing to wholesale or retailer purchasers
				milk previously pasteurized, processed and packaged by a separate
				dealer.
Units
. Any recognized measurement of
				milk volume including, but not limited to, quarts and gallons, and fractions
				thereof.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply › Section 21.02 - Mandatory Common Recordkeeping

Current through Register 1525, July 5, 2024
To enable determination of processing, packaging and
				distribution costs by product and package size, all processors and dealers of
				milk licensed by the Department of Agricultural Resources (the Department)
				shall maintain the following books and records for a period of three years from
				their creation.
(a) Weekly route
			 loadout and settlement records, including:
1.
			 route number, driver's name and date;
2. beginning inventory of saleable units of
			 milk and milk products;
3. number
			 of units of milk and milk products loaded on truck;
4. number of saleable units of milk and milk
			 products;
5. number of returned
			 units of milk and milk products with specific reference to the number of
			 spoiled units of milk and milk products;
6. number of units of milk and milk products
			 sold;
7. amounts of cash and charge
			 sales stated separately;
8. route
			 collections or charge accounts listed showing customers and amounts;
9. amount of route money short or
			 over;
10. details of any
			 expenditures made from amounts listed in 330 CMR 21.02(a)7. and 8.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply › Section 21.03 - Monthly Dealer System

Current through Register 1525, July 5, 2024
(1) The Commissioner
			 may require any licensed processors and dealers (including handlers,
			 producer-handlers, subdealers and producer-dealers and including, as
			 applicable, companies whose processing and retailing operations are vertically
			 integrated) to file reports on forms supplied by the Department as follows: On
			 or before the 15th of the month for the preceding
			 month a report of the following:
(a) Loans of
			 money, including any guarantee or procurement of another to guarantee or any
			 underwriting of any financial obligation of any customer served by licensee or
			 solicited by the licensee.
(b)
			 Sales, loans, or rentals (including lease purchase agreements) of any
			 refrigeration equipment to any customer served by the licensee or solicited to
			 be served by the licensee. A processor or dealer shall report any such
			 equipment supplied on behalf of its subdealers.
(c) Names of all wholesale customers,
			 including dealers, acquired and/or lost during the previous month. This
			 information shall include trade names, addresses, current milk license numbers
			 (if applicable) and, for lost accounts, the reason given for the
			 change.
(d) The lowest net prices
			 charged (after all rebates, discounts and allowances) during the month for milk
			 and orange juice delivered to stores in the Commonwealth of Massachusetts and
			 the lowest net prices charged to dealers and stores for milk sold at the plant
			 dock.
(e) Information whether the
			 dealer is purchasing milk from independent producers; and the quantity of such
			 purchases.
(f) The Department
			 requires monthly reports showing no activity, if appropriate.
(g) The following licensees shall be exempt
			 from the reporting requirements of 330 CMR 21.03:
1. subdealers selling only to home-delivery
			 customers;
2. dealers and
			 subdealers with fewer then 20 wholesale accounts and less than $200,000 per
			 month of annual average monthly sales.
(h) In accordance with M.G.L. c. 94A, §
			 13(d), the Department shall treat as confidential competitive information all
			 reports received under 330 CMR 21.03 and shall not disclose such information
			 except as otherwise provided by law.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply › Section 21.04 - Notice of Intent to Change Supplier

Current through Register 1525, July 5, 2024
The Department may require from any store, retail outlet or
				subdealer licensed for the sale of milk the following notice of its intent to
				alter or to add any processor or dealer as a supplier of milk. This requirement
				shall apply to all stores and retail outlets which receive milk supplies in a
				volume of 25 cases per drop or more.
(a) a two week written notice sent to the
			 Department by certified mail upon a form furnished by the Department for that
			 purpose. The store or retail outlet shall forward a copy of the written notice
			 simultaneously to the existing supplier.
(b) The noticed change or addition of
			 supplier may go forward as planned unless the Department otherwise notifies the
			 store, retail outlet or subdealer within two weeks of receipt of
			 notice.
(c) The foregoing notice
			 shall not be required in advance of the change or addition of a supplier:
1. if the existing supplier is failing to
			 provide adequate service; or to supply products desired by the store, retail
			 outlet or subdealer; or to supply milk in compliance with minimum health
			 standards; or
2. if the store,
			 retail outlet or subdealer must immediately supplement normal supplies in
			 response to an unanticipated increase in demand or in response to an emergency.
In such instances the regulatee shall report the change or
				addition to the Department not later than two weeks
				thereafter.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply › Section 21.05 - Presumptive Minimum Cost

Current through Register 1525, July 5, 2024
After a duly noticed public comment hearing, the Department may
				establish and promulgate a presumptive minimum cost of each unit volume of
				wholesale milk sold by dealers to customers upon the basis of information
				gathered from dealer reports, recordkeeping, independent studies, and other
				reliable sources. A dealer may sell at a price below the presumptive minimum
				wholesale cost if it can first demonstrate to the Department that its price
				reflects a corresponding lower actual cost.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply › Section 21.06 - Campaign Notice

Current through Register 1525, July 5, 2024
To offer a coupon, a Milk Dealer shall submit a Campaign Notice
				at least 30 days prior to the start of the Marketing or Promotion Campaign. The
				Campaign Notice shall include a description of the Marketing or Promotion
				Campaign, including the method or device by which the coupon is offered. In
				addition, the notice shall contain the following:
(a) type of campaign
(b) geographic area in which the coupon shall
			 be offered
(c) product
			 targeted
(d) price analysis
1. price without campaign
2. price with campaign
3. cost of campaign
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply › Section 21.07 - Approval Procedure

Current through Register 1525, July 5, 2024
(1) The Department
			 shall have ten business days from receipt of the Campaign Notice to review and
			 respond with a request for additional information if necessary or issue a
			 Notice of Determination. The review shall determine whether the coupon will
			 result in a below cost sale of milk, and whether the Marketing or Promotion
			 Campaign is a predatory campaign.
(2) In making a determination regarding a
			 below-cost sale of milk, the Department shall consider the analysis provided
			 for in M.G.L. c. 94A, § 14(d) and any amendments thereto and the price
			 impact of the coupon.
(3) Criteria
			 used to make a determination whether the Marketing or Promotion Campaign is a
			 Predatory Campaign include the existence of a Fair Market Area, the quantity
			 and category of milk included in the Campaign Notice, the method or device used
			 as a coupon and the degree to which the applicant has demonstrated that the
			 Marketing or Promotion Campaign is not a predatory campaign.
(4) If the Department fails to issue a Notice
			 of Determination within ten business days, the coupon shall be deemed approved
			 without restriction.
(5) Notice of
			 Determination shall state the approval, approval with restrictions, or
			 disapproval of a coupon identified in the marketing campaign notice.
			 Restrictions may include Fair Market Areas, methods or devices, quantities and
			 categories of milk, methods or devices employed, value of the coupon or price
			 of the milk. Disapprovals may result from the below cost sale of milk or due to
			 a determination that the Marketing Campaign is a Predatory Campaign.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply › Section 21.08 - Enforcement

Current through Register 1525, July 5, 2024
Violation of any of
				330 CMR 21.00 shall subject
				the regulatee to the revocation, suspension, or conditioning of any license
				granted to it by the Department and to any other remedies, legal and equitable,
				available to the Department. A fair hearing opportunity shall precede any
				license sanction in accordance with M.G.L. c. 94A, §§ 6 and
				7.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 21.00 - Supervision Of Milk Pricing And Supply › Section 21.09 - Severability

Current through Register 1525, July 5, 2024
The Department intends each provision and subsection of
				330 CMR 21.00 to remain
				severable from every other. So far as practicable, the invalidity of any such
				provision or subsection shall not affect the validity and operation of any
				other.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
The scope of
				330 CMR 22.00 is to implement
				the terms of M.G.L c. 20, §§ 23 through 26; and M.G.L. c. 184,
				§§ 31 and 32. The purpose of
				330 CMR 22.00 is to provide
				guidance and clarification for present and future APR Parcel Owners regarding
				their rights and responsibilities and the Department's responsibilities under
				St. 1977, c. 780, in conjunction with the direction and guidance provided in
				Department policy statements, guidelines, and other informational sources
				referenced in
				330 CMR
				22.14; to encourage sound soil management
				practices in accordance with generally accepted agricultural practices; and to
				regulate activities and uses that may be detrimental to the retention of the
				land for agricultural use in perpetuity.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.03 - Composition and Meetings of the Agricultural Lands Preservation Committee

Current through Register 1525, July 5, 2024
(1) The composition and meetings of the ALPC
			 shall be as defined by M.G.L. c. 20, §§ 23 and 24.
(2) The ALPC shall meet at the call of the
			 Chair.
(3) The Chair shall call a
			 meeting at the written request of any five owners of APR Parcels. If such a
			 request is made, the ALPC shall hold such a meeting within 60 days after such
			 request is received. The ALPC shall give notice of the meeting in the usual and
			 prescribed manner and form, stating the date, time, and place of the meeting,
			 and shall, not less than 14 days before the meeting, send a copy of the notice
			 to owners making the request.
(4) A
			 quorum shall consist of a majority of voting members present at the
			 meeting.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.04 - Eligibility of Agricultural Preservation Restriction Program

Current through Register 1525, July 5, 2024
In order to be eligible for Application to the Program, the
				Project shall be actively devoted to Agriculture or horticulture as defined in
				M.G.L. c. 61A, §§ 1 through 5.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.05 - Application Procedures

Current through Register 1525, July 5, 2024
(1)
Application to Department
. Application to the
			 Department to enroll a Project in the Program shall be made on a form
			 prescribed by the Department and approved by the ALPC. An Application shall be
			 submitted by the Applicant to the Commissioner and a copy shall also be
			 submitted to the chief executive officer of the Municipality in which the
			 Project is located If the Project is located in more than one Municipality, a
			 single Application covering the entire Project shall suffice, copies of which
			 shall be submitted by the Applicant to the chief executive officer of each
			 Municipality. The chief executive officer shall distribute a copy of the
			 Application to the agencies and officials identified in 330 CMR
			 22.05(4)(a).
(2)
Project Information and Description
. The Application
			 shall contain, at a minimum, the following information:
(a) Deed references, assessor's map, and any
			 and all liens, encumbrances, and easements on the Project;
(b) A delineation of the Project boundaries
			 as depicted on a United States Geological Survey (USGS) topographic map showing
			 the Project as well as any excluded contiguous acreage under the same
			 ownership;
(c) Copies of any
			 existing surveys and aerial photography of the Project;
(d) A United States Department of Agriculture
			 (USDA) Natural Resources Conservation Services (NRCS) soils map showing a
			 breakdown of the Project's various soil types and acreage possessing soil
			 capability Class I through VIII as well as prime farmland, soils of state or
			 local significance, and unique soils;
(e) A full description of all commercial
			 agricultural uses and activities occurring on the Project including, without
			 limitation, type of crop, acreage devoted to each crop, type and quantity of
			 livestock, and acreage of associated pasture;
(f) A written statement to the Department
			 describing short and long term plans for keeping the land in active
			 Agriculture; and
(g) Statement by
			 Applicant consenting to allow the Department, an agent of the Department, or a
			 Partner Agency to conduct an inspection of the Project, including soil testing
			 limited to agricultural and septic suitability.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.06 - Agricultural Preservation Restriction Program Application Processing and Closing Procedures

Current through Register 1525, July 5, 2024
(1) Upon receipt of
			 a complete Application for a Project meeting the eligibility requirements, the
			 Department shall review the Application and complete an evaluation.
(2) The evaluation may include, but is not
			 limited to, the following:
(a) A field
			 inspection of the Project and an evaluation of its agricultural
			 potential;
(b) Referral of the
			 Project to the appropriate regional planning agency for an opinion of the
			 Project's compatibility with regional planning objectives;
(c) Review of the Application and information
			 contained therein as to the suitability for agricultural
			 preservation;
(d) Compatibility
			 with Partner Agency eligibility criteria;
(e) Obtaining and reviewing a full appraisal,
			 obtained at the Department's own expense, carried out for both the Fair Market
			 Value of the Project and the Fair Market Agricultural Land Value of the Project
			 to determine the APR value in accordance with recognized professional appraisal
			 standards and the applicable Executive Office of Energy and Environmental
			 Affairs (EOEEA) and Partner Agency appraisal specifications, if applicable;
			 and,
(f)
Review of
			 Title Documents
. The Department may, at its own expense, retain an
			 attorney duly licensed and in good standing to practice law in the Commonwealth
			 of Massachusetts with expertise in the practice of real estate conveyance and
			 land use law who complies with all current EOEEA and Department standards,
			 rules, and policies related to title specifications. The attorney shall perform
			 a title search related to the Project, and provide to the Department a title
			 abstract, certificate of title, or other documents as required by the
			 Department.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.07 - Criteria Applicable in Evaluation of Projects

Current through Register 1525, July 5, 2024
(1) In evaluating a Project, the ALPC shall
			 consider the following as priority criteria to best fulfill the purposes of the
			 APR Program, as established by St. 1977, c. 780:
(a) The degree to which the Project would
			 serve to preserve and enhance the agricultural resource base of the
			 Commonwealth of Massachusetts;
(b)
			 The suitability of land as to soil classification and other criteria for
			 agricultural use; and
(c) The Fair
			 Market Value of such land and the Fair Market Value of such land when used for
			 agricultural purposes as determined by the independent appraisal obtained by
			 the Department pursuant to
			 330
			 CMR 22.06(2)(e).
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.08 - Agricultural Preservation Restriction

Current through Register 1525, July 5, 2024
An APR shall serve to memorialize the agreement of an Owner and
				the Commonwealth, and Partner Agency or co-holder, if any, as to the future use
				of an APR Parcel.
(1)
Form
			 and Content
. The Commissioner shall be responsible for
			 establishing the form and content of each APR, in conjunction with the Partner
			 Agency, if applicable.
(2)
Terms and Conditions
. An APR shall include such terms
			 and conditions as the Department deems necessary to implement the purposes of
			 St. 1977, c. 780, and Partner Agency requirements, if applicable. Such terms
			 and conditions may include, without limitation, statement of purpose, retained
			 rights, prohibited uses and acts, uses and acts requiring Departmental
			 Approval, processes and procedures, affirmative covenants to farm, inspection
			 and enforcement rights, and Option to Purchase Real Estate at Fair Market
			 Agricultural Value.
(3)
Pre-sale Conference
. An APR shall additionally include
			 a requirement for a conference, prior to a notice of intent to sell, between
			 the Owner, Department and the proposed purchaser to discuss the requirements of
			 the transfer or sale of an APR Parcel. The conference shall occur on the APR
			 Parcel under consideration or in a manner and time agreed upon by the Owner,
			 proposed purchaser of the APR Parcel and the Department Following submission of
			 a notice of intent to sell, the Department may communicate directly with the
			 Owner or seek an additional conference with the Owner and proposed purchaser to
			 clarify any element of the Owner's notice of intent to sell and waiver
			 request.
(4)
Nature of
			 APR
. The APR is a binding agreement between an Owner of an APR
			 Parcel and the Commonwealth, exists in perpetuity, runs with the land, binds
			 all future owners of the APR Parcel, and shall be recorded at the appropriate
			 Registry of Deeds Any inconsistency between the language of an APR and the
			 language of a policy or regulation shall be resolved in favor of the
			 APR.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.09 - Departmental Approvals

Current through Register 1525, July 5, 2024
In accordance with the terms of the APR, certain activities,
				uses, and improvements require Departmental Approval. Such approvals are issued
				in the form of a Certificate of Approval (COA) or Special Permit by the
				Department, with or without conditions, pursuant to the following:
(1)
Certificate of
			 Approval
. While generally accepted agricultural practices are
			 generally allowed by right in the APR, the terms of an APR may require an
			 approval for certain agricultural Structures, activities, practices, uses, and
			 improvements. The Department may, by issuing a COA, authorize those Structures,
			 activities, practices, uses, and improvements that the Department finds to be
			 consistent with APR, Massachusetts law, and regulations of the Department.
(a) Unless otherwise provided, a COA shall be
			 subject, at a minimum, to the following thresholds:
1. The activity will not result in the APR
			 Parcel having Impervious Surfaces greater than five acres or 5% of the Parcel,
			 whichever is less, or unless the APR provides a more stringent
			 threshold;
2. The activity will
			 minimize, to the fullest extent possible, the loss of quality agricultural
			 soils; and
3. The activity will not
			 interfere with or lead to the likelihood of future interference with
			 agricultural operations and will preserve, maximize, and realize the
			 agricultural potential of the parcel, and in addition will enhance or lead to
			 the likelihood of enhancing future agricultural operations.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.10 - Transfer or Sale of an APR Parcel

Current through Register 1525, July 5, 2024
Where the APR provides for a Right of First Refusal, an Option
				to Purchase Real Estate at Fair Market Agricultural Value, or a similar right
				at the time of sale held by the Department, unless otherwise provided by the
				specific terms of an APR, the following provisions shall apply, in addition to
				any Department guidelines for waivers approved by the ALPC and in effect at the
				time of the notification of sale:
(1)
Proposed Sale or Conveyance of an APR Parcel
. If an
			 APR Parcel is subject to a Right of First Refusal or Option to Purchase Real
			 Estate at Fair Market Agricultural Value, and the Owner receives an offer to
			 purchase, the Owner shall notify the Department in writing. The written notice
			 of intent to sell shall, at a minimum, include copies of the following: the
			 offer to purchase; purchase and sale agreement and amendments; any appraisal
			 prepared for proposed sale, and any appraisal prepared for sale at which Owner
			 acquired the APR Parcel; other relevant documents pertaining to the proposed
			 sale Notice shall include, if applicable, a letter from Owner requesting a
			 waiver, and in the case of an Option to Purchase Real Estate at Fair Market
			 Agricultural Value or Right of First Refusal, an offer to sell the APR Parcel
			 to the Commonwealth pursuant to the terms of the Option to Purchase Real Estate
			 at Fair Market Agricultural Value or Right of First Refusal.
(2)
Proposed Sale or Conveyance
			 of Excluded Land
. In the event that the proposed sale or
			 conveyance contains agricultural or other land not subject to the APR, Owner
			 shall also provide a written apportionment of values in the purchase and sale
			 agreement, if relevant, as between the APR Parcel and the land/Structures not
			 subject to the APR.
(3)
Form of Notice
. Notice to the Department shall be in
			 writing and sent by certified mail, return receipt requested, or hand delivered
			 to the Department's main office at 251 Causeway Street, Suite 500, Boston, MA
			 02114, or the address listed on the Department's website (
https://www.mass.gov/orgs/massachusetts-department-of-agricultural-resources
).
(4)
Automatic Waiver of Right to
			 Purchase
. The Department shall issue a Waiver upon finding all the
			 criteria in 330 CMR 22.10(4)(a) through (e) has been met, however, if the
			 criteria in 330 CMR 22.10(4)(a) through (e) has not been met, the Department
			 may issue a discretionary waiver pursuant to 330 CMR 22.10(5):
(a) The Owner has:
1. received a good faith offer;
2. submitted to the Department a certified
			 copy of an executed purchase and sale agreement for fixed consideration payable
			 upon delivery of the deed for an APR Parcel;
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.11 - Agricultural Preservation Restriction Parcel Violations

Current through Register 1525, July 5, 2024
The Department or its authorized agents and any entities
				co-holding the APR may enter the APR Parcel, including buildings and
				Structures, with prior notice, to ascertain compliance with the APR. The
				Department shall work with the Owner for a resolution of any identified
				violations or potential violations of the APR, any statute, regulation, policy,
				COA, or Special Permit.
(1)
Determination of Violation
. If the Department has
			 reason to believe a violation has occurred, it shall determine the extent of
			 any violation. The Department may make contact with the Owner to discuss the
			 Department's determination.
(2)
Response
. If the Department finds that a violation has
			 occurred, written notice stating the particulars of the violation shall be
			 given to the Owner.
(a) The Owner shall
			 provide a written response including any relevant pictures or information
			 within the time period set forth by the Department in the written notice of
			 violation.
(b) Upon receiving a
			 response from the Owner, the Department shall outline a proposed plan, or
			 require the Owner to propose a plan to correct the violation. The creation of a
			 plan may require assistance from a Partner Agency or other entity with
			 technical expertise. Upon the creation of a plan approved by the Department,
			 the Owner shall implement the plan within the timeframe approved by the
			 Department and shall give progress reports as directed by the
			 Department.
(c) A site inspection
			 to confirm the satisfactory completion of the plan will be completed by
			 Department staff.
(d) If the
			 violation is corrected to the satisfaction of the Department, a written
			 acknowledgement will be issued by the Department within 30 days to the
			 Owner.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.12 - Release of an Agricultural Preservation Restriction

Current through Register 1525, July 5, 2024
(1) An APR is a restriction in perpetuity An
			 APR may only be released, in whole or in part, in accordance with M.G.L. c.
			 184, § 32 and the Articles of Amendment to the Constitution of the
			 Commonwealth, Article 97 and applicable policies of the Department.
(2) Pursuant to M.G.L. c. 184, § 32, the
			 Department may be requested to deem the APR Parcel or a portion thereof is no
			 longer suitable for Agriculture. In making this determination the Department
			 may consider the present use, nature, quality, and other attributes of the
			 agricultural land proposed for release, including soil quality.
(3) An Owner may file with the Department a
			 written request that the Department deem the APR Parcel or a portion thereof no
			 longer suitable for Agriculture. The request shall be on a form prescribed by
			 the Department and shall include a detailed statement of the consideration that
			 the Owner proposes in exchange for the release and an appraisal determining the
			 value of the land proposed to be released.
(4) Prior to a release, by the General Court
			 in accordance with M.G.L. c. 184, § 32 and the Articles of Amendment to
			 the Constitution, Article 97, the Commissioner may be requested to determine:
(a) the current market value of the interest
			 of the Commonwealth to be released, which shall take into account any increase
			 in value of the enlarged unrestricted land, owned or controlled by the Owner
			 resulting from the addition of the parcel released, whether or not contiguous
			 to the parcel; and
(b) any
			 diminution in the value of the remaining APR Parcel.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.13 - Adjudicatory Hearings

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 20, § 23(c), any Owner aggrieved by
				a decision of the Department denying a request for a Certificate of Approval
				for agricultural activities or Structures or for a Special Permit, or any Owner
				who is subject to and aggrieved by a Determination of the Department to
				exercise or assign a Right of First Refusal or Option to Purchase Real Estate
				at Fair Market Agricultural Value may request an Adjudicatory Hearing before
				the ALPC.
(1)
Certificate
			 of Approval and Special Permit
. Upon receipt of a request for an
			 Adjudicatory Hearing, the ALPC shall:
(a) hold
			 an Adjudicatory Hearing;
(b)
			 designate a hearing officer who shall preside over the hearing, assemble an
			 official record of the hearing, and submit a proposed written decision to the
			 ALPC; and
(c) render the final
			 decision.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.14 - Policies and Guidelines

Current through Register 1525, July 5, 2024
(1) The Department
			 and the Executive Office of Energy and Environmental Affairs have established
			 guidelines, policies, and procedures in addition to the APR documents that are
			 periodically updated and that provide further guidance for Owners. Any
			 inconsistency between the language of an APR and the language of a policy or
			 regulation shall be resolved in favor of the APR. The Department shall provide
			 copies thereof to any Owner upon request and post on its website (
https://www.mass.gov/orgs/massachusetts-department-of-agricultural-resources
)
			 all APR Regulations and Department policy documents. The ALPC may advise and
			 make a recommendation to the Department for policy development or changes. The
			 ALPC meeting is open to the public and is a forum for the public to comment on
			 proposed changes to policy; however, it shall be the sole discretion of the
			 Commissioner to establish and implement policy.
(2)
Review
.
(a) The Department shall review once every
			 three years and in consultation with the ALPC and Board of Agriculture,
			 established under M.G.L. c. 20, § 1, all existing guidance, policies,
			 procedures and regulations relative to the management and oversight of the
			 Program and propose updates to the guidance, policies, procedures or
			 regulations that are necessary to improve and modernize the management of the
			 Program;
(b) The Department shall
			 conduct regional public hearings to assess the effectiveness of the Program and
			 existing guidance, policies, procedures and regulations; and
(c) The Department shall make a good faith
			 effort to mail a copy of any guidance, policy, or regulation, whether proposed
			 or promulgated to all Owners not less than 21 days prior to the date of the
			 regional public hearing.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 25.00 - Agricultural Composting Program › Section 25.01 - Purpose

Current through Register 1525, July 5, 2024
330 CMR 25.00 is promulgated
				to establish an agricultural composting program as authorized by M.G.L. c. 21H,
				§ 7, and establishes the criteria under which the Department of
				Agricultural Resources may register Agricultural Composting Operations in the
				Commonwealth. As stated in
				310 CMR
				16.03(2)(c)1., an
				Agricultural Composting Operation located on an Agricultural Unit and
				registered by the Department of Agricultural Resources does not require a site
				assignment under
				310 CMR 16.00:
Site
				Assignment Regulations for Solid Waste Facilities
, a facility permit
				pursuant to
				310 CMR
				19.00:
Solid Waste Management
, a
				general permit pursuant to
				310
				CMR 16.04:
General Permit for
				Recycling, Composting or Aerobic and Anaerobic Digestion Operations
,
				or a recycling, composting or conversion permit pursuant to
				310
				CMR 16.05:
Permit for Recycling,
				Composting or Conversion (RCC) Operations
, provided that the owner and
				operator incorporate best management practices in a manner that prevents an
				unpermitted discharge of pollutants to air, water or other natural resources of
				the Commonwealth, does not create a public nuisance, does not present a threat
				to public health, safety or the environment, and otherwise satisfies all
				requirements of
				330 CMR 25.00.
				330 CMR 25.00 is intended to
				facilitate Agricultural Composting and to ensure that Agricultural Composting
				Operations are effectively managed in order to protect the natural resources of
				the Commonwealth and minimize potential for nuisance conditions. Composting on
				an Agricultural Unit, using only feedstock generated onsite, does not require
				registration from MDAR and is not subject to
				330 CMR 25.00.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 25.00 - Agricultural Composting Program › Section 25.03 - Agricultural Composting Registration

Current through Register 1525, July 5, 2024
Failure to satisfy any of the criteria in 330 CMR 25.03(1)
				through (13) shall be sufficient grounds for the Department to deny a
				Registration:
(1) The Agricultural
			 Composting Operation is located on an Agricultural Unit;
(2) The Applicant has submitted a completed
			 application on a form provided by the Department;
(3) The Agricultural Composting Operation
			 does not prevent the Applicant or Owner's ability to maintain the Agricultural
			 Unit as a commercial agricultural entity;
(4) The application includes practices to
			 ensure the Agricultural Composting Operation does not result in an unpermitted
			 discharge of pollutants to air, water, or other natural resources of the
			 Commonwealth;
(5) The Agricultural
			 Unit on which the Agricultural Composting Operation is proposed to be located
			 in an application for Registration is capable of handling frequent heavy
			 equipment, appropriately graded, and of adequate size to handle the projected
			 volume of materials to be Composted;
(6) The area on the Agricultural Unit where
			 the Agricultural Composting Operation is proposed to be located in an
			 application for Registration is not located on excessively drained soils
			 (
e.g
., sand) or highly impermeable soils
			 (
e.g.
, clay);
(7)
			 The Application shall include a Compost Facility Plan including each of the
			 following elements:
(a) a description of the
			 intended method of Composting;
(b)
			 Composting site location information;
(c) a site plan map showing the layout of the
			 Agricultural Composting Operation, including areas for unloading, mixing,
			 windrows, and curing;
(d) a
			 description of each type of Feedstock to be Composted and a Compost recipe for
			 converting the Feedstock into Compost;
(e) the source(s) of the Compostable
			 Material;
(f) the frequency with
			 which the Compostable Materials will be collected and received at the
			 Agricultural Composting Operation;
(g) Compost end-use information, including
			 estimated volume and percentage of the total quantity of Compost produced over
			 the course of a calendar year to be used on the Agricultural Unit;
			 and
(h) an Odor Management
			 Plan.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 25.00 - Agricultural Composting Program › Section 25.05 - Registrations and Revocations

Current through Register 1525, July 5, 2024
(1)
			 Registrations shall be valid from the date of issuance until March
			 31st of the next calendar year.
(2) At least 30 days prior to commencement of
			 the Agricultural Composting Operation, the owner or operator of
			 newly-registered Agricultural Composting Operations, which did not hold a
			 registration in the prior registration year, must submit a copy of their
			 Registration to the local Board of Health and provide proof of submittal to the
			 Department.
(3) Applications for
			 renewal of a Registration shall be submitted annually no later than February
			 15th of each year, on a form provided by the
			 Department.
(4) The Department may
			 revoke a Registration if the Applicant provides false, misleading, or
			 inaccurate information regarding the Agricultural Composting Operation, or if
			 the Registered Agricultural Composting Operation is in violation of the
			 Registration, state or federal law, or the Agricultural Composting
			 Guidelines.
(5) A person who is
			 denied a Registration, a renewal of Registration, or whose Registration is
			 revoked shall have the right to request an adjudicatory hearing regarding the
			 Department's decision within 21 calendar days of the date of receipt of the
			 decision by filing a notice of claim with the Department. The adjudicatory
			 hearing shall follow the informal hearing rules as set forth in
			 801 CMR
			 1.02:
Informal/Fair Hearing
			 Rules
.
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 27.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
330 CMR 27.00 establishes
				standards and sanitation requirements for raw milk and milk products for
				pasteurization, ultra pasteurization or aseptic processing and standards and
				sanitization requirements for raw milk for retail sale. It is applicable to all
				regulations filed pursuant to M.G.L. c. 94, § 13. It describes the
				requirements for producing and processing raw milk by all producers holding a
				Massachusetts Dairy Farm Certificate of Registration. The purpose of
				330 CMR 27.00 is to provide
				sanitary standards for the production, processing, and sale of fluid
				milk.
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 27.03 - Animal Health

Current through Register 1525, July 5, 2024
(1) All milk for
			 manufacturing or processing shall be from herds which are located in an
			 accredited free bovine tuberculosis area as determined by the U.S. Department
			 of Agriculture; provided, that the herds located in an area that fails to
			 maintain such accredited status shall have been accredited by the Department as
			 tuberculosis free or shall have passed a full herd tuberculosis test within one
			 year from the date of the preceding test.
(2) All milk for pastuerization shall be from
			 herds under the cooperative State-Federal brucellosis eradication program and
			 located in a classified brucellosis-free, or Class A state, as defined by the
			 U. S. Department of Agriculture. If located in Class B or C states, they shall
			 meet U.S. Department of Agriculture requirements for an individually certified
			 herd. All brucellosis reactors disclosed on blood agglutination tests shall be
			 separated immediately from the milking herd.
(3) For diseases other than brucellosis and
			 tuberculosis, the Commissioner may require such physical, chemical or
			 bacteriological tests as he or she deems necessary. The diagnosis of other
			 diseases in dairy cattle shall be based upon the findings of a licensed
			 veterinarian or a veterinarian in the employ of the Department. Any diseased
			 animal disclosed by such test(s) shall be disposed of as the Department
			 directs.
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 27.04 - Personnel Health

Current through Register 1525, July 5, 2024
(1)
Prohibition
. No person affected with any disease in a
			 communicable form, or while a carrier of such disease, shall work at any dairy
			 farm in any capacity which brings him or her into contact with the production,
			 handling, storage, or transportation of milk, milk products, containers,
			 equipment and utensils; and no dairy farm operator shall employ in any such
			 capacity any such person, or any person suspected of having any disease in a
			 communicable form, or of being a carrier of such disease. Any producer or
			 distributor of milk or milk products, upon whose dairy farm any communicable
			 disease occurs, or who suspects that any employee has contracted any disease in
			 a communicable form, or has become a carrier of such disease, shall notify the
			 Department immediately.
(2)
Procedure when Infection is Suspected
. When reasonable
			 cause exists to suspect the possibility of transmission of infection from any
			 person concerned with the handling of milk and/or milk products, the Department
			 is authorized to require any or all of the following measures:
(a) The immediate exclusion of that person
			 from milk handling.
(b) The
			 immediate exclusion of the milk supply concerned from distribution and
			 use.
(c) Adequate medical and
			 bacteriological examination of the person, of his or her associates, and of his
			 or her and their body discharges.
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 27.05 - Standards for Grade "A" Raw Milk for Pasteurization, Ultra Pasteurization and Aseptic Processing

Current through Register 1525, July 5, 2024
All Grade A raw milk for pasteurization, ultra pasteurization
				or aseptic processing shall be produced to conform with the following chemical,
				bacteriological, and temperature standards, and the sanitation requirements of
				330 CMR
				27.07.
GRADE A RAW MILK FOR PASTEURIZATION, ULTRA
							 PASTEURIZATION ASEPTIC PROCESSING
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 Limits.........
Individual producer milk shall not exceed 100,000 per
							 ml. prior to commingling with other producer milk. Individual producer milk
							 shall not exceed 2,500 per ml. after laboratory pasteurization.
Optional Preliminary Incubation Count when
							 used......
Individual producer milk shall not exceed 100,000 per
							 ml.
Drugs..........
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
							 drug residue in excess of the allowable level in the most recent edition of the
							 PMO.
Somatic Cell...
Individual producer milk shall not exceed 1,000,000
							 per ml. Beginning July 1, 1993 individual producer milk shall not exceed
							 750,000 per ml.
Cryoscope......
(-)0.525°C unless proved to be free of added
							 water.