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§ 21-410. Permit required to sell, store, or transport milk products

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2009

West's Annotated Code of Maryland
Health--General
Title 21. Food, Drugs, and Cosmetics (Refs & Annos)
Subtitle 4. Milk Products (Refs & Annos)
Part II. Permit Process
Effective: October 1, 2009
MD Code, Health - General, § 21-410
§ 21-410. Permit required to sell, store, or transport milk products
In general
(a) Except as otherwise provided in this section, a person shall obtain a permit with a Grade A or a manufactured grade classification from the Secretary before that person may:
(1) Bring, send, or receive a milk product into this State for sale;
(2) Offer a milk product for sale;
(3) Give a milk product away;
(4) Store a milk product; or
(5) Transport a milk product.
Types of permits
(b) A permit is required to:
(1) Be a bobtailer;
(2) Be a bulk milk hauler/sampler;
(3) Be a certified industry dairy farm inspector;
(4) Be a milk processor;
(5) Be a milk processor--farmstead cheese producer;
(6) Be a milk producer;
(7) Operate a distribution station;
(8) Operate a milk transportation company;
(9) Operate a receiving station; or
(10) Operate a transfer station.
Exceptions
(c) A permit is not required for:
(1) A milk producer who is outside the departmental inspection area if the raw milk from that milk producer is processed by a milk processor who holds a permit issued under this subtitle;
(2) A bulk milk hauler/sampler who receives raw milk from outside the departmental inspection area;
(3) A grocery store, restaurant, soda fountain, or similar establishment where milk products are served or sold at retail if:
(i) The establishment complies with all applicable provisions of this subtitle and all applicable rules or regulations adopted under this subtitle; and
(ii) The milk product is received from a permit holder; or
(4) A bulk milk hauler/sampler who is transporting a sealed tanker and not producers' samples.
Classifications
(d) The Secretary shall designate all permits with one of the following classifications, as required by rules and regulations:
(1) Grade A milk; or
(2) Manufactured milk.

Credits

Added as Health-Environmental § 4-410 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Amended by Acts 1983, c. 94, § 1, eff. July 1, 1983; Acts 1983, c. 583, § 2, eff. July 1, 1983; Acts 1985, c. 10, § 3, eff. July 1, 1985. Transferred to Health-General § 21-410 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1989, c. 461, § 1, eff. July 1, 1989; Acts 2001, c. 477, § 1, eff. July 1, 2001; Acts 2007, c. 437, § 1, eff. Oct. 1, 2007; Acts 2009, c. 609, § 1, eff. Oct. 1, 2009; Acts 2009, c. 610, § 1, eff. Oct. 1, 2009.
Formerly Art. 43, § 572.
MD Code, Health - General, § 21-410, MD HEALTH GEN § 21-410
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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