Sec. 17-17. Supplementary regrading; reinstatement of permit.
If at any time between regular announcements of the
grades of milk or milk products, a lower grade shall become
justified, in accordance with sections 17-5, 17-6 or 17-7, the
health officer shall immediately lower the grade of such milk
or milk products, and shall enforce proper labeling thereof.
Any producer or distributor of milk or milk products the
grade of which has been lowered by the health officer, and
who is properly labeling his milk and milk products, or whose
permit has been suspended at any time may make application
for the regrading of his products or the reinstatement of his
permit.
Upon receipt of a satisfactory application for regrading or
reinstatement of permit based on correction of a violation of
any bacteriological or cooling-temperature standard, the
health officer shall take further samples at the rate of not
more than two per week and shall approve the application
upon compliance with the grade requirements as determined
in accordance with section 17-6; provided, that if samples are
not available because of suspension of permit to operate, or
for other reasons, the health officer may issue a temporary
permit upon satisfying himself, by inspection of the facilities
and operating methods, that the conditions responsible for
the violation have been corrected, with final reinstatement of
permit conditional upon subsequent bacteriological or temperature
findings.
In case the lowered grade of the applicant's product or the
permit suspension has been due to a violation of an item other
than bacteriological standards or cooling temperature, the
application shall be accompanied by a statement, signed by
the applicant, to the effect that the violated item of the specifications
has been corrected. Within one week of the receipt
of such an application and statement, the health officer shall
make a reinspection of the applicant's establishment and
thereafter as many additional reinspections as he may deem
necessary to assure himself that the applicant is again complying
with the higher grade requirements, and, in case the
findings justify, shall regrade the milk or milk products upward
or reinstate the permit. (Code 1959, § 17-17.)
