Section R70-320-13 - Licensing Plant, Milk Graders, and Bulk Milk Collectors(1) 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 other pertinent information as may be required.
(2) Plant Inspection.(a) Each plant shall be inspected by a compliance officer to determine if the plant meets the requirements for licensing. (b) 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. (i) A period longer than 30 days may be allowed if major changes or new equipment is required.(ii) If after the re-inspection the plant meets the requirements for licensing, a license shall be issued.(iii) If after the re-inspection the plant does not meet the requirements for licensing, it shall not be licensed, and its authorization to handle, buy, or receive milk or to manufacture dairy products therefrom shall be withheld until a time as the plant qualifies for a license.(c) The plant will be charged for mileage spent by the department for any subsequent visits required for certification of the plant.(d) The compliance officer shall show the results of each inspection on a Plant Inspection Report Form.(e) Each completed Plant Inspection Report Form shall be left at the plant and a copy shall be kept by the department.(3) Issuance of License.(a) Dairy Plants. (i) The department shall license each dairy plant that meets the requirements of this rule.(ii) The department shall license each new plant before the plant may buy, receive, or process any milk for the manufacture of dairy products.(iii) The license certification shall be posted conspicuously at the plant.(iv) The license shall authorize the plant to test, buy, and receive milk for manufacturing purposes and to manufacture dairy products therefrom, in compliance with Title 4, Chapter 3, the Utah Dairy Act and this rule.(b) Milk Graders and Bulk Milk Haulers.(i) The department shall license milk graders and bulk milk haulers who meet the requirements prescribed by the department.(ii) The licenses of milk graders and bulk milk haulers shall authorize them to grade, accept, and reject raw milk in accordance with Section R70-320-5.(4) Expiration, Suspension, and Revocation of License.(a) Licenses shall expire and become renewable each year the 31st of December, unless revoked earlier, and no license shall be transferable.(b) If at any time an inspector determines that a licensed plant does not meet the requirements for licensing, the inspector may allow a reasonable probationary period for the operator to bring the plant within the requirements for licensing.(c) If at the end of the probationary period 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 this rule or Title 4, Chapter 3, the Utah Dairy Act.(d) An opportunity for a hearing shall be provided to any licensee before suspension or revocation of this license.(5) Reinstatement. (a) If, after a period of withholding, probation, or revocation of a plant license, the operator makes the necessary corrections at the plant, the plant operator may apply to the department for re-inspection and reinstatement.(b) When the compliance officer determines that requirements for licensing have been met, the department shall issue a license to the plant.(c) The reinstatement of licenses for milk graders and bulk milk haulers that have been suspended or revoked shall be made only after satisfying the department of their qualifications.Utah Admin. Code R70-320-13
Amended by Utah State Bulletin Number 2022-16, effective 8/8/2022