§ 21-428. Impoundment and stop sale orders
West's Annotated Code of MarylandHealth--General
MD Code, Health - General, § 21-428
§ 21-428. Impoundment and stop sale orders
(a)(1) The Secretary shall impound a milk product that the Secretary determines is a threat to public health.
(b) If the Secretary impounds a milk product under subsection (a) of this section, the Secretary may issue an order to dispose of the milk product, make the milk product unusable for consumption, or impose a civil monetary penalty in accordance with the health laws and regulations of the State.
(c)(1) The owner of the milk product that is disposed of or otherwise made unusable under subsection (b) of this section may bring an action for damages against the Secretary.
(d)(1) An order of the Secretary that imposes a civil monetary penalty under subsection (b) of this section shall state the basis on which the order is made, the amount of the penalty, and the manner in which the amount of the penalty is calculated as specified by regulations adopted by the Secretary in accordance with paragraph (2) of this subsection.
(e) Subsections (a), (b), (c), and (d) of this section do not apply to a retail establishment.
(f) If a retail establishment repeatedly fails to handle and maintain milk products properly, the Secretary, after due notice, may order that retail establishment to stop selling milk products until the establishment shows that it can and will handle and keep its milk products properly.
Credits
Added as Health-Environmental § 4-428 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Transferred to Health-General § 21-428 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 2004, c. 417, § 1, eff. Oct. 1, 2004.
Formerly Art. 43, § 579.
MD Code, Health - General, § 21-428, MD HEALTH GEN § 21-428
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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