Section 34.05 - Inspections(1)Right of Entry. (a) In the case of a Covered Farm, the Department shall have the right to enter upon and inspect such Covered Farm during reasonable hours to ensure compliance with the Produce Safety Rule, and 330 CMR 34.00et seq.(b) In the case of a Farm that has opted into the Registry and inspection program under 330 CMR 34.03(2)(a), the Department may enter upon and inspect such Farm during reasonable hours to ensure compliance with the Produce Safety Rule and 330 CMR 34.00et seq.(c) Inspection areas may include, without limitation, any area or conveyance that is part of or used by the Farm, including the following: 4. any other location where Produce is grown, harvested, packed, stored, or held.(2)Initial; Routine Inspection.(a) Initial and Routine Inspections shall be coordinated with the Farm and shall take place during the normal business hours of the Farm being inspected, on an annual basis.(b) Inspectors shall be given access to all areas of a Covered Farm the ability to review and copy any and all records required to be maintained pursuant to the Produce Safety Rule, M.G.L. c. 128, § 124, and 330 CMR 34.00et seq.(3)Follow-up Inspections. Follow-up Inspections shall: (a) Be conducted to ensure that identified corrective actions and prior noncompliance is corrected and documented;(b) Take place during normal business hours; and(c) Will consider the priority of the corrective action.(4) For-cause Inspections shall: (a) Occur in response to a Produce safety concern; or(b) Occur when a complaint, recall, or report of action related to a health risk has occurred or is imminent.(5)Completion of Inspections. (a) Upon completion of an inspection during which the Department does not observe any violations, whether an Initial Inspection, Routine Inspection, Follow-up Inspection, or a For-cause Inspection, the Department may issue an Inspection Certificate to the Farm.(b) Upon completion of an inspection during which the Department observes violations, whether an Initial Inspection, Routine Inspection, Follow-up Inspection, or a For-cause Inspection, the Department shall issue a Produce Inspection Observation Form, which shall outline corrective actions to be taken prior to a Follow-up Inspection.(6) Covered Farms or Farms that voluntarily request inspection under 330 CMR 34.03(2) shall be subject to unannounced inspections, as determined by the Department to protect public health and safety.(7) Inspections initiated from a specific complaint or request need not be limited to that complaint or request. At the time of inspection, the Inspector shall record all observations and violations. Such inspections may include obtaining samples and specimens for laboratory analysis.(8) A certificate of analysis from a laboratory of the DPH, the FDA, the USDA, or other accredited laboratory acceptable to the Department shall be considered evidence of the ingredients and contents of any sample or specimen submitted for analysis by the Department.Adopted by Mass Register Issue 1457, eff. 11/26/2021.