Section 41: Granting of license to sell milk or cream; fee; term, suspension or revocation; appeal; reinstatement; notice; list of dealers

349 words·~2 min read·/ma/part-i/title-xv/chapter-94/41

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Section 41. An inspector of milk in any town, for the purposes mentioned in the preceding section and subject to the regulations established by the board of health of such town, may grant licenses to suitable persons, and 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 receive for each license so granted a fee of two dollars for the use of such city or town, and all license fees collected by him shall be paid over monthly to the city or town treasurer, but in no event shall any such fee be greater than ten dollars.

Such licenses shall remain in force until June first following, unless previously suspended or revoked. An inspector of milk may declare any license granted by him under this section suspended or forfeited upon a conviction of the licensee in any court of the commonwealth for violation of his license. If the applicant for a license fails to comply with any regulation of the board of health of the town where the application is made, a license may be refused until he has complied with such regulation; and a license granted under this section may be revoked at any time for failure to comply with any such regulation.

If a license is so refused or revoked, an appeal may be taken to the department of public health, whose decision shall be final. Every inspector of milk shall annually during the month of June, and at any other time upon special request of the commissioner of agriculture, furnish to him a list of dealers holding licenses for the sale of milk, skimmed milk or cream who purchase the same directly from producers in the commonwealth. If any inspector revokes such a license or reinstates such a license previously revoked, he shall, within ten days after the effective date of such revocation or reinstatement, notify said commissioner in writing to that effect.