192.107 - MILK OR MILK PRODUCTS PERMIT.
192.107 MILK OR MILK PRODUCTS PERMIT.
A person who does not possess a permit issued by the department
shall not bring, send, or receive into the state for sale, or sell,
offer for sale, or store any milk or milk product as provided in this
chapter and in chapters 190 and 191. However, the department may
exempt from this requirement grocery stores, restaurants, soda
fountains, or similar establishments where milk or a milk product is
served or sold at retail, but not processed.
Only a person who complies with the requirements of this chapter
and chapters 190 and 191 shall be entitled to receive and retain a
permit from the department. Permits shall not be transferable with
respect to persons or locations.
The department shall suspend a permit whenever there is reason to
believe that a public health hazard exists, whenever the permit
holder has violated any of the requirements of this chapter, chapter
190, or chapter 191, or whenever the permit holder has interfered
with the department in the performance of its duties. However, where
the milk or milk product involved creates, or appears to create, an
imminent hazard to the public health, or in any case of a willful
refusal to permit authorized inspection, the department shall serve
upon the holder a written notice of intent to suspend the permit.
The notice shall specify with particularity the violations in
question and afford the holder such reasonable opportunity to correct
such violations as may be agreed to by the parties, or in the absence
of agreement, established by the secretary before making any order of
suspension effective. A suspension of permit shall remain in effect
until the violation has been corrected to the satisfaction of the
department. As used in this section, the terms "public health
hazard" and "imminent hazard" shall be defined by rules adopted
by the department. The rules shall include examples of public health
hazards and imminent hazards.
Upon written application of any person whose permit has been
suspended, or upon application within forty-eight hours of any person
who has been served with a notice of intention to suspend, and in the
latter case before suspension, the department shall within
seventy-two hours proceed to a hearing to ascertain the facts of such
violation or interference and upon evidence presented at such hearing
shall affirm, modify, or rescind the suspension or intention to
suspend.
Upon repeated violation, the department may revoke a permit
following reasonable notice to the permit holder and an opportunity
for a hearing. This section is not intended to preclude the
institution of a court action provided in this chapter, chapter 190,
or chapter 191.
The provisions of this section are intended for the regulation of
the production, processing, labeling, and distribution of grade "A"
milk and grade "A" milk products under sanitary requirements which
are uniform throughout the state. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 192.5] Section History: Recent Form
91 Acts, ch 74, § 13
CS91, § 192.107
Referred to in § 192.108, 192.109, 192.110