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330 CMR: DEPARTMENT OF FOOD AND AGRICULTURE
9/20/96
330 CMR - 163
27.14: continued
(4) 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.
(5) 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.
27.15: Hearings
(A) The person or persons to whom any order issued pursuant to 330 CMR 27.016(A) or (B)
has been directed may request a hearing before the bureau.
(B) A request for a hearing may be made by the certificatee to the bureau in writing or by
telephone to a person authorized to schedule a hearing.
(C) Upon receipt of a request for a hearing, the bureau 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 330 CMR 27.16(A) or (B) and shall normally be held within 72 hours of the
request. However, upon application of the petitioner, the bureau may postpone the date of the
hearing for a reasonable time if in the judgment of the bureau the petitioner has submitted a good
and sufficient reason for such postponement.
(D) 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order should be modified or withdrawn.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.
(E) After the hearing, the bureau shall make a final decision based upon the complete hearing
record, and shall inform the petitioner in writing of the decision. If the bureau sustains or
modifies an order, it shall be carried out within the time period allotted in the original order or
in the modification.
(F) 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 bureau.
(G) Any person aggrieved by the final decision of the bureau may seek relief in a court of
competent jurisdiction in the Commonwealth.
27.16: Certificate: Suspension or Revocation
(A)Suspension without a Prior Hearing
(1) The commissioner or her/his 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.
(2) The commissioner or her/his agent may, without granting a prior hearing, immediately
suspend a certificate if:
(a) A second violation of the same requirement of 330 CMR 27.05, 330 CMR 27.06,
330CMR 27.07, or 330 CMR 27.08 is found to exist on a second inspection, in
accordance with 330 CMR 27.12(C)(4); or
(b) A violation as specified in 330 CMR 27.14(A)(2) is found to exist.
(3) The commissioner or her/his 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.
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