Section 27.08 - Additional Requirements For Grade "A" Raw Milk For Retail SaleThe 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while filling and capping, or hands must be thoroughly washed and sanitized prior to and during operations.(c) Milk is withdrawn through bottom (outlet) valve of tank.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.(4)Date. The date on the container of retail raw milk shall indicate the last date on which the container may be offered for sale. There shall be a five day maximum period for the sale of retail raw milk which shall commence from the time of filling. Said five day maximum period may be shortened by the Commissioner if she/he deems such modification to be in the best interest of the consumer.(5)Labeling. The name of the product is Raw Cow's Milk or Raw Goat's Milk and shall be so plainly labeled. The label shall contain the name, address and zip code of the producing farm.(6)Consumer Warning Statement(a) All retail containers of raw cow's or raw goat's milk shall be conspicuously labeled with the following statement: "Raw milk is not pasteurized. Pasteurization destroys organisms that may be harmful to human health". The minimum size of the printed words shall not be less than 1/16 inch in height, with the words "not pasteurized" being not less that 1/8 inch in height or twice the height of any other lettering in the label, whichever is greater.(b) A sign must be posted in the area where the raw milk is sold and placed in a location where it can be easily observed by anyone entering therein. Such sign shall not be less than eight by eleven inches in total dimension and shall display the following statement: "Raw milk is not pasteurized. Pasteurization destroys organisms that may be harmful to human health." The minimum size of the printed words shall not be less than 1/2 inch in height, with the words "not pasteurized" being not less than one inch in height.(7)Sales and Storage. Milk cannot be offered for sale or consumption if such milk has been stored in a bulk tank or other approved storage container beyond 48 hours. All bulk tanks or other approved storage containers must be cleaned and sanitized before reuse.Amended by Mass Register Issue 1323, eff. 10/7/2016.