By Mr. Moore, a petition (accompanied by bill, Senate,
No. 195) of Richard T. Moore for legislation relative to
licensing of milk pasteurization plantslocated within the
commonwealth. Consumer Protection and Professional
Licensure.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 94 of the General Laws is hereby amended by striking out section 48A, as appearing in the 2002 Official Edition, and inserting in place thereof the following section:-
Section 48A. No person shall maintain an establishment for the pasteurization of milk without a license from the department of public health, hereinafter in this section called the department. Any person desiring such a license may make written application to the department, stating the location of the establishment and such other information as may be required by rules and regulations for the enforcement of this section. The application for each license and biennial license renewal shall be accompanied by a fee as determined annually by the commissioner of administration under the provision of section three B of chapter seven. Upon receipt of the application the department shall cause an examination of the sanitary condition of the establishment to be made, and if it is found to be in sanitary condition, and in accordance with the requirements of said rules and regulations, and otherwise properly equipped for the business of pasteurizing milk, and if the applicant is deemed responsible and suitable for licensure, the department shall issue a license authorizing the applicant to carry on such establishment for the pasteurization of milk for two years.
Subject to the requirements of chapter 30A, the department may refuse to issue or renew, suspend or revoke a license to operate a milk pasteurization plant if (1) any statement in the license application or in any other documentation submitted to the department is determined to be false or misleading; (2) the applicant or licensee has been convicted of a crime relating to the pasteurization, storage, distribution or sale of milk, or the processing, storage, distribution or sale of food; (3) the applicant or licensee has failed to comply with any applicable provision of this chapter or any applicable rule or regulation; or (4) the applicant or licensee refuses to admit representatives of the department at any reasonable time for purposes of inspection. The commissioner may, without a prior hearing, suspend a license if he finds that such licensee is operating his business in a manner which is endangering or may cause imminent danger to the public health. In every case of suspension of a license without a prior hearing, the licensee shall be promptly afforded an opportunity for such hearing.
The department may make such rules and regulations as may be necessary for the enforcement of this section. Such rules and regulations may provide administrative penalties for the violation of this section or of any rule or regulation promulgated hereunder not to exceed $500 for any single violation. Each day that a violation continues shall be deemed a separate violation.
Whoever, himself or by his servant or agent, violates any provision of this section, shall be punished for the first offense by a fine of not more than $500, and for a subsequent offense by a fine of not less than $500 nor more than $1000.
The superior court shall have jurisdiction to enjoin any violation of this section or to take such other action as equity and justice may require.
SECTION 2. Chapter 94 is hereby further amended by striking out section 40 and inserting in place thereof the following section:-
Section 40. No person, other than a producer selling milk or cream, or both, shall display the word “dairy” on any vehicle used by him or his authorized agent in the business of selling milk or cream, unless such person has a license, in full force and effect, issued under section 48A. Whoever engages in the business of selling milk or cream from any vehicle for household deliveries shall display conspicuously on the outside of each vehicle so used the name and principal place of business of the licensee in letters not less than one and one-half inches in height.
SECTION 3 . Section 305C of Chapter 94 is hereby amended in line 8 by striking out the word “forty,”.
SECTION 4 . Sections 41 and 41A of Chapter 94 are hereby repealed.
