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The 191st General Court of the Commonwealth of Massachusetts

Section 16K: Inspection and approval of milk plants and receiving stations, etc.; permits; expiration

Section 16K. The commissioner may inspect milk plants and receiving stations, wherever located, and pasteurization plants outside the commonwealth, shipping milk into or within the commonwealth and, if the same be found to be in compliance with all applicable rules and regulations adopted pursuant to section thirteen, may approve them and may issue a permit showing such approval. Every such permit shall expire on June thirtieth following its issue, and may be suspended or revoked for the failure of the establishment to which it was issued to comply with rules and regulations relating thereto or for a violation, by such establishment, of any law relating to milk intended for sale within the commonwealth. Upon the application of any city or town, the commissioner may delegate to the inspector of milk thereof his authority to inspect milk plants, receiving stations and pasteurization plants from which milk is shipped to such city or town, and submit inspection reports to him, which reports shall form the basis of his issuance of such permits. A pasteurization plant located outside the commonwealth shall pay a fee as determined annually by the commissioner of administration under the provision of section three B of chapter seven for such a permit and each renewal thereof, but permits and renewals thereof shall be issued to milk plants and receiving stations without cost. If any city or town to the milk inspector of which the power of inspection is delegated under any provision of this section fails to enforce rules and regulations adopted pursuant to said section thirteen then in force, said delegation of authority shall forthwith terminate.

Renewal by the commissioner of any permit issued under the provisions of this section may be based upon the inspection reports made by the duly authorized agency of the state in which such permittee is located provided, that the commissioner shall have the authority to evaluate, by random inspection or other investigation, the adequacy of such inspection and to suspend or revoke a permit determined to have been so renewed on the basis of inadequate or otherwise unsatisfactory inspection by said agency.