105 C.M.R. 500.203 – Inspections

(A) Inspections; Applicable Regulatory Agency. The following types of food-related operations are routinely subject to inspection by the following regulatory agencies.
1. (1) A person who operates a residential kitchen that prepares food for wholesale sale: inspection by the Department.
2. (2) A person who operates as a retail seafood dealer: inspection by the board of health or the Department.
3. (3) A person who operates as a wholesale seafood dealer or who operates a wholesale seafood truck: inspection by the Department.
4. (4) A person who cooks, smokes, or otherwise processes seafood, or combines seafood with non-seafood ingredient(s) for sale at wholesale: inspection by the Department.
5. (5) A person who slaughters livestock or poultry, processes meat or poultry for sale at wholesale, custom slaughters livestock or poultry, or custom processes meat or poultry: inspection by the Department.
6. (6) A person who operates a milk pasteurization plant: inspection by the Department.
7. (7) A person who manufactures butter or cheese in Massachusetts for sale at wholesale in a facility separate from a pasteurization plant: inspection by the Department.
8. (8) A person who manufactures frozen desserts or frozen dessert mix within Massachusetts for sale at wholesale: inspection by the Department.
9. (9) A person who manufactures frozen desserts or frozen dessert mix within Massachusetts for sale at retail: inspection by the board of health.
10. (10) A person who, within Massachusetts, manufactures or bottles carbonated non-alcoholic beverages or bottled water, whether carbonated or non-carbonated, for human consumption: inspection by the Department.
11. (11) A person who manufactures juice or apple cider for sale at wholesale: inspection by the Department.
12. (12) A person who manufactures or processes any food not specifically named in 105 CMR 500.203(A)(1) through (11) for sale at wholesale: inspection by the Department.
13. (13) A person who operates a cold storage or refrigerating warehouse: inspection by the Department or the local board of health.
14. (14) A person who operates a food warehouse: inspection by the Department.
(B) Notwithstanding 105 CMR 500.203(A), the Department may request the applicable board of health, and the applicable board of health may request the Department, to undertake an inspection of a food-related operation on its behalf. Such an inspection shall have the same force and effect as an inspection conducted by the regulatory agency that routinely inspects that type of operation.
(C) To carry out its responsibilities under 105 CMR 500.000 and applicable statutes and to protect the health and well-being of the people of Massachusetts, the regulatory agency, or an authorized agent or representative of the regulatory agency, is authorized, as often as is deemed necessary for the enforcement of 105 CMR 500.000, to enter, examine, photograph, and survey any facility engaged in an activity subject to regulation pursuant to 105 CMR 500.000. Duly authorized inspectors may also enter and inspect any place where food is being prepared to ascertain whether any of the provisions of applicable statutes or 105 CMR 500.000, including but not limited to those that apply to exempted persons, have been violated.
(D) Inspections may be random systematic inspections or in response to a specific complaint or request. An inspection initiated from a specific complaint or request is not limited to that complaint or request. At the time of the inspection, the inspector may record all violations.
(E) Agents of the regulatory agency, after identifying themselves, may enter all areas of the facility, at any time, for the purpose of making an inspection to ascertain whether the facility is in compliance with 105 CMR 500.000, including unannounced inspections, which do not require prior notification to the facility. Individuals engaged in regulated activities shall provide access to regulatory agency inspectors at all times for inspection of the premises.
(F) Agents of the regulatory agency may examine all records of the facility to determine which are subject to enforcement under 105 CMR 500.000 and all applicable statutes. Agents may copy all records they deem relevant.
(G) The person in charge of the facility at the time of the inspection shall furnish the agent of the regulatory agency with all requested records and shall provide the agent with access to all areas of the facility.
(H) If the person in charge at the time of the inspection refuses entry to an agent of the regulatory agency, refuses to permit an authorized inspection, refuses access to records, or interferes with the regulatory agency, or any agent thereof, in the performance of its duties, the regulatory agency may:
1. (1) Seek an administrative search warrant to search/inspect the premises. The warrant application shall apprise the applicant, licensee, permit holder, or owner of the facility concerning the nature of the inspection and the justification for it. The regulatory agency may seek the assistance of police authorities in executing the warrant; and/or
2. (2) Take steps to refuse to issue, refuse to renew, suspend, or revoke the license, permit, approval, or certification, or to impose administrative penalties or fines, in accordance with applicable statute; and/or
3. (3) Issue an Order to Cease and Desist operations.