In this subtitle the following words have the meanings indicated. “Calibrate” means to determine the value of, to mark correctly, and, when appropriate, to correct elements of an indicating system or other device on a milk tank. “Cooperative” means a corporation or association as defined in the Corporations and Associations Article. A cooperative is a producer and a purchaser within the provisions of this subtitle. “Hauler” means any person who owns, leases or otherwise uses one or more mobile receiving stations and is engaged in transporting milk or other fluid dairy products. “Hauler” includes any cooperative engaged in the activity of a hauler. “Hauler” does not include: Any agent or employee of the owner, lessee, or other user; or Any person receiving the transportation services of a mobile receiving station through its owner, lessee, or other user. “Milk or other fluid dairy products” means the lacteal secretion obtained from a cow and any fluid component of the secretion, before any processing or manufacturing other than cream separation processing. “Producer” means any person who owns, controls, or operates a dairy herd for the production of milk or other fluid dairy products to be sold or offered for sale. “Purchaser” means the person who pays the producer or cooperative representing any producer for milk or other fluid dairy products. “Sample” means the portion of a person’s shipment that may be used for an analysis of milk components that affects payment for the milk or other fluid dairy products. “Test” means an official procedure, approved by the Association of Official Analytical Chemists or American Public Health Association as published in the latest edition of its official publication and adopted by the Secretary, which is used to determine the amount of any milk components in any sample of milk or other fluid dairy products that affects payment for the milk or other fluid dairy products. “Test” includes the results of the analysis.

The Secretary may adopt rules and regulations necessary to regulate receiving, weighing, measuring, sampling, and testing of milk or other fluid dairy products when the results may be used as a basis for payment for these products.

A purchaser or hauler shall be responsible for all appropriate records pertaining to the weights, measures, samples, and tests which may be used as a basis for payment for milk or other fluid dairy products.

Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, every purchaser or hauler of milk or other fluid dairy products who is involved in the testing of samples shall have these operations performed only by individuals licensed by the Secretary. Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, any person who calibrates a farm milk tank, other than the owner of the tank, first shall obtain a license from the Secretary. Any individual required to obtain a license to calibrate farm milk tanks or test milk or other fluid dairy products shall apply to the Secretary and pay an examination fee. If the applicant satisfactorily passes an appropriate examination conducted by the Secretary, the applicant is entitled to receive the kind of license for which he qualifies upon the payment of a fee. Every license is valid for the license year for which it is issued unless revoked or suspended. Each license may be renewed annually without examination upon application and payment of a renewal fee.

The Secretary may revoke or suspend any license issued under the provisions of this subtitle upon satisfactory proof that the license holder has violated any provisions of this subtitle or any rules and regulations adopted under it. However, no license may be revoked or suspended until the holder is given a hearing by the Secretary after reasonable notice. If the license holder fails to appear at the hearing after notice and contrary to rules and regulations, the license may be suspended or revoked. This section does not limit the right of the Secretary to proceed as authorized by other sections of this title.

Every cooperative or other purchaser shall notify the producer of the results of any test and the basis of payment. The cooperative or other purchaser shall maintain records of the tests and payment in a manner specified by the Secretary. Every hauler, upon receipt of milk or other fluid dairy products, shall provide immediately the producer with a written statement indicating the correct quantity received. He shall provide also the cooperative or other purchaser with a written quantity statement upon delivering the milk or other fluid dairy products. The statement provided to the producer and the cooperative or other purchaser shall contain other information as specified by the Secretary.

When testing milk or other fluid dairy products, a person required to have a license under this subtitle may not use any testing equipment which does not conform to the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44, as amended, or the official publication of the Association of Official Analytical Chemists as amended, and which is not inspected, tested, and approved by the Secretary. The Secretary may charge a reasonable fee for each item of equipment inspected. When a producer’s weighing or measuring device is used to determine the quantity affecting payment for milk or other fluid dairy products, the device and its use shall conform to the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44, as amended. These requirements shall remain in effect unless the Secretary modifies or rescinds the requirements, by rule or regulation.

Samples that may be used as a basis for payment shall be taken, maintained and tested in the manner and within the period of time specified by the Secretary. A person may not alter a sample so that its test results will indicate lower or higher than the actual test results of the milk or other fluid dairy product from which it is taken.

A person may not obtain, collect or use any sample, for testing purposes, the test result of which is lower or higher than the actual test result of the milk or other fluid dairy product from which it is obtained.

A person may not indicate, record or report a false or incorrect test result or quantity of milk or other fluid dairy product, for any purpose.

The Secretary may enter the premises of any permit holder at any reasonable hour, to examine the weighing, measuring, sampling, testing procedures and apparatus, to take samples of milk or other fluid dairy products, or both, to inspect weights, measurements, and test results and to inspect and audit all books, papers, records, or related documents. The Secretary may enter on the property and premises of a producer to inspect and test all devices used to determine weight or measurement affecting the payment of milk or other fluid dairy products, to collect for analysis, a portion of milk or other fluid dairy products, and to observe the activities and procedures of any person required to possess a permit or license under this subtitle. Any person subject to this subtitle, and his agent or employee, shall present for inspection, the license issued under this subtitle, as required by rule or regulation, or on request of the Secretary. All information obtained by the Secretary from the records of any person shall be kept confidential by all officers and employees. Only the information required to be revealed in any proceedings brought under this subtitle may be disclosed. This section does not prohibit the compilation of statistical reports from the information acquired, if the compilation does not identify the person furnishing any specific information.

The Secretary may seek an injunction to restrain any person from using equipment, methods of sampling, weighing, testing, or otherwise operating in violation of this subtitle or any rule or regulation adopted by the Secretary pursuant to it to prevent further or continuing violations.

Any person who violates § 11–409, § 11–410, or § 11–411 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not less than $100 and not exceeding $1,000, or imprisonment of not more than nine months, or both, with costs imposed in the discretion of the court. Any person found guilty of a second or subsequent violation of § 11–409, § 11–410, or § 11–411 of this subtitle is subject to a fine of not less than $1,000, or imprisonment of not less than nine months, or both, with costs imposed in the discretion of the court.