(a) Permits.
(1) Each milk plant located in the Virgin Islands and each milk producer, milk hauler, milk hauling service, washing station operator, milk plant operator, milk distributor, single-service-container manufacturer, in the Virgin Islands, shall apply to the department for a permit to operate. The application shall be on forms developed by the department.
(2) Permits are nontransferable between persons or locations and are subject to suspension or revocation as provided in this chapter.
(3) The department may assess fees for permits under this section sufficient to pay for regulation and enforcement as provided in this chapter.
(b) Requirements.
(1) To obtain a permit, an applicant must satisfy all requirements that are defined by the department in rule and must agree to comply with the applicable provisions of this chapter and rules promulgated under this chapter.
(2) All permit holders must maintain records of transactions concerning the procurement, production, and processing of milk and milk products as required in the pasteurized milk ordinance and grant department inspectors access to such records during all reasonable hours.
(3) In addition to the testing required in the pasteurized milk ordinance and its appendices, each milk plant operator in the state shall be responsible for routine testing and inspection of raw milk shipped from outside the state prior to processing and shall notify the department when such testing and inspection indicates a violation of the standards contained in the pasteurized milk ordinance.
(c) Exemptions.
(1) The following persons shall be exempt from milk hauler permit requirements:
A. Milk producers who transport milk or milk products only from their own dairy farms.
B. Employees of a milk distributor or milk plant operator who possess a valid permit.
C. Drivers of bulk milk tank trucks between locations that do not collect milk from farms.
(2) Grocery stores, restaurants, soda fountains, and similar establishments where milk or milk products are served or sold, but not processed, may be exempted from permit requirements, provided the milk or milk products offered for sale were procured from a holder of a valid Virgin Islands permit.
(d) Temporary permits.
(1) The department may issue a temporary permit for a period not exceeding 90 days to milk producers, milk haulers, milk plants, milk plant operators and milk distributors who have submitted an application to the department and passed a preliminary inspection as required in the pasteurized milk ordinance.
(2) During this 90-day period, the department shall act expeditiously to determine compliance with all relevant laws and, upon finding compliance, shall issue a permit.