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330 CMR: DEPARTMENT OF FOOD AND AGRICULTURE
9/20/96
330 CMR - 165
27.17: Orders for Suspension or Revocation
(A) 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.
(B) The order shall include, but need not be limited to, the following:
(1) The name and location of the dairy farm;
(2) The reasons for the suspension or revocation, and a description of such operation;
(3) The date the suspension or revocation is or will become effective;
(C) Orders for suspension or revocation shall be served on the certificatee or her/his authorized
agent as follows:
(1) By sending him a copy of the order by registered or certified mail, return receipt
requested; or
(2) Personally, by any person authorized by the department to serve; or
If the aforementioned methods of service are unsuccessful, service may be made by any
person authorized to serve civil process as follows:
(1) By leaving a copy of the order at her/his last and usual place of abode; or
(2) By posting a copy of the notice in a conspicuous place on or about the farm premises if
her/his last and usual place of abode is unknown.
27.18: Certificate: Reinstatement after Suspension
(A) Any certificatee whose certificate has been suspended may make written application to the
department for the reinstatement of her/his certificate.
(B) 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
bureau.
(C)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 330 CMR 27.08. These
inspections may be conducted by the bureau. When the findings justify, the department shall
reinstate the certificate.
27.19: Grade A Fluid Milk from Outside the Commonwealth
(A) Fluid milk from a dairy farm outside the Commonwealth may be sold or served within the
Commonwealth if such dairy farm has received a Certificate of Registration from the
Massachusetts Department of Food and Agriculture pursuant to M.G.L. c. 94.
(1) Upon arrival at the plant, commingled milk for pasteurization shall comply with the
bacteriological, chemical and temperature standards of 330 CMR 27.05.
(2)Raw and pasteurized milk received from sources outside the Commonwealth shall be
sampled as the Department requires.
(3) Grade A fluid milk shall be produced under regulations substantially equivalent to those
of 330 CMR 27.00.
(4) Grade A fluid milk shall be under routine official supervision.
(5) 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.
(6) 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,
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