Section 48A. No person shall maintain an establishment for the pasteurization of milk without a license from the board of health of the town where the establishment is to be located. Any person desiring such a license may make written application to such board, stating the location of the establishment and such other information as may be required by rules and regulations for the enforcement of this section, which the department of public health is hereby authorized to make. Upon receipt of the application the said board shall cause an examination of the sanitary condition of the establishment to be made, and if it is found to be in a sanitary condition, and in accordance with the requirements of said rules and regulations, and otherwise properly equipped for the business of pasteurizing milk, said board, upon receipt of a license fee of ten dollars, unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, shall issue a license authorizing the applicant to carry on such establishment for the pasteurization of milk for one year, but in no event shall any such fee be greater than forty dollars. If any such establishment licensed hereunder is deemed by the board issuing such license or by the department of public health to be operated or maintained in an unsanitary manner, or in violation of any of said rules and regulations, or not properly equipped for the business of pasteurizing milk, the board or the department shall close such establishment until such time as it has been put in a condition to conform with the requirements of this section, and said board or department may also suspend the license if the required changes are not made within a reasonable time.
Whoever, himself or by his servant or agent, violates any provision of this section, or of the rules and regulations made hereunder, shall be punished for the first offence by a fine of not more than one hundred dollars, and for a subsequent offence by a fine of not less than fifty nor more than three hundred dollars.
This section shall not be construed to interfere with the powers and duties conferred or imposed upon boards of health of cities and towns by sections forty-one and forty-one A.