Section 65H. Every person manufacturing within the commonwealth frozen desserts and frozen dessert mix, or either, in this paragraph called products, shall, during the month of February in each year, file with the board of health of each town in which he manufactures, or proposes to manufacture, such products, upon a form prescribed and furnished by the department, an application for a license to manufacture such products in such town, herein and in the eleven following sections called a license, for the year commencing with the following March first, and with the application shall tender the proper fee. Such application shall state that the applicant will manufacture such products only from pure and wholesome ingredients and only under sanitary conditions; shall show the location of each plant in such town at which such products are to be manufactured; and the name of the brand or brands, and the trade or corporation name or names, if any, under which the same are to be sold.
Every person manufacturing frozen desserts and frozen dessert mix, or either, for the use of his patrons, guests or servants shall, except as hereinafter otherwise provided, obtain a license therefor. The provisions of the preceding paragraph shall, so far as applicable, apply to licenses issued hereunder.
If the owner of a plant for the manufacture of frozen desserts and/or frozen dessert mix located without the commonwealth desires to sell his product within the commonwealth he shall apply to the department for a permit to sell within the commonwealth frozen desserts and/or frozen dessert mix, herein and in the eleven following sections called a permit, and with the application shall tender the proper fee. The department may issue to any suitable applicant therefor such a permit if it is satisfied after inspection that the plant named in the application is maintained in accordance with the standards of sanitation prescribed by its rules and regulations. Such permit shall be in lieu of a license referred to in the first paragraph; shall be subject to all sanitary requirements provided for such a license; shall apply only to one such plant; shall be valid throughout the commonwealth; and may be suspended or revoked by the department as provided by section sixty-five J. The department may inspect any plant of an applicant covered by his or its application for a permit. No part of any such fee shall be returned to an applicant whether or not the permit is granted.
Nothing in sections sixty-five G to sixty-five U, inclusive, shall be deemed to require any person manufacturing frozen desserts in his home for the sole use of his family, servants and guests, or any person owning or operating a boarding house or hospital and manufacturing frozen desserts for the sole use of his family and/or his or its patrons, guests, patients or servants, or any farmer selling frozen desserts manufactured by him, whereof the milk or cream or other milk product is the product only of his own cows, to obtain any license or permit therefor.
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