Current through Register 1536, December 6, 2024
Section 27.11 - Certificate of Registration: Issuance(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.(2)Application for Certificate. Any person desiring to operate a dairy farm shall make written application for a certificate on a form provided by the Department in accordance with M.G.L. c. 94, § 16(B).(3)Expiration and Renewal of Certificate(a) A certificate shall expire no later than one year from the date issued.(b) A certificate may be renewed by applying at least 30 days prior to the expiration of the certificate. An application for a renewal certificate shall be made in writing on a form provided by the Department.(4)Conditions for Issuance(a) After completion of an application for an original certificate or renewal certificate the Department shall cause an inspection of the dairy farm to take place. This inspection may be conducted by the Department. When the inspection reveals that the applicable requirements of 330 CMR 27.00 have been met, a certificate shall be issued to the applicant by the Department: provided that the applicant is found to be responsible and suitable for certification in accordance with 330 CMR 27.11(4)(b).(b) After completion of an application for an original certificate or a renewal certificate, the Department shall make a finding concerning the responsibility and suitability of the applicant for certification. Factors which have a significant bearing on such finding include but are not limited to the following:1. The applicant's history of prior compliance with 330 CMR 27.00.2. The applicant's ability and willingness to take corrective action when notified by the Department of violations of 330 CMR 27.00.(5)Notification of Changes. Change in ownership, name or location A certificatee shall notify the Department within five business days after any change in ownership, and at least 30 days prior to any change of the name or location of the dairy farm, and shall promptly submit an application for a new or amended certificate, along with written documentation reflecting such change.Amended by Mass Register Issue 1323, eff. 10/7/2016.