R70-320-14. Licensing Plant, Milk Graders, and Bulk Milk Collectors

A. Necessity for Plant License.

Every plant receiving or processing milk for the manufacture of dairy products shall be inspected and licensed as provided in Section R70-320-13. A new plant shall be inspected and licensed as provided in Section R70-320-13 before buying or processing any milk for the manufacture of dairy products. No unlicensed plant shall handle, purchase or receive milk or manufacture dairy products therefrom.

1. All licensed plants shall be evaluated at least semi-annually after issuance of the initial license to determine eligibility for license renewal. The inspection procedure for license renewal shall be the same as that for initial licensing.

B. Application for License.

Applications to the Department for a new or renewal license for dairy plants, milk graders, and bulk milk haulers shall contain the name and address of the applicant and such other pertinent information as may be required.

C. Plant Inspection.

Each plant shall be inspected by a compliance officer. If, upon initial inspection, the compliance officer finds that the plant meets the requirements for licensing described in Subsections R70-320-8(A) and R70-320-8(C) and Sections R70-320-15 and R70-320-16, as indicated by the Plant Inspection Report Form, a license shall be issued to the plant as described in Section R70-320-13. If the plant does not meet the requirements for licensing, the plant shall be re-inspected by a compliance officer within 30 days of the initial inspection. A longer time may be allowed if major changes or new equipment is required. If at this time the plant meets the requirements for licensing, a license shall be issued. If the plant does not meet the requirements for licensing, it shall not be licensed, and its authorization to handle, purchase, or receive milk or to manufacture dairy products therefrom shall be withheld until such time as the plant qualifies for a license. The plant will be charged for mileage expended by the Department for any subsequent visits required for certification of the plant. Each completed Plant Inspection Report Form shall be left at the plant and a copy shall be kept by the Department.

D. Issuance of License.

1. Dairy Plants.

The Department shall license dairy plants that meet the specifications of Sections R70-320-13, R70-320-15 and R70-320-16 based upon the inspection procedure described in Section R70-320-13. The license certification shall be posted conspicuously at the plant. The license shall authorize the plant to test, purchase, and receive milk for manufacturing purposes and to manufacture dairy products therefrom, in compliance with the applicable provisions of the Utah Dairy Act and the rules and regulations issued pursuant thereto.

2. Milk Graders and Bulk Milk Haulers.

The Department shall license milk graders and bulk milk haulers who meet the requirements prescribed by the Department. The licenses of milk graders and bulk milk haulers shall authorize them to grade, accept, and reject raw milk in accordance with the provisions of Section R70-320-6.

E. Expiration, Suspension, and Revocation of License.

Licenses shall expire and become renewable each year the 31st of December, unless revoked earlier, and no license shall be transferable. If at any time an inspector determines that a licensed plant does not meet the requirements for licensing, he may allow a reasonable probationary period for the operator to bring his plant within the requirements for licensing.

If at the end of this time the plant does not meet the licensing requirements, the Department may revoke the plant license. The Department may suspend or revoke licenses of bulk milk haulers for any violation of these rules or Title 4, Chapter 3. An opportunity for a hearing shall be provided any licensee before suspension or revocation of this license.

F. Reinstatement.

If, after a period of withholding, probation, or revocation of a plant license, the operator makes the necessary corrections at the plant, he may apply to the Department for re-inspection and reinstatement. When the compliance officer determines that requirements for licensing have been met, the Department shall issue a license to the plant. The reinstatement of licenses for milk graders and bulk milk haulers which have been suspended or revoked shall be made only after satisfying the Department of their qualifications.