In this subtitle the following words have the meanings indicated.
“Bobtailer” means a person who operates or controls a Grade A milk route and distributes Grade A pasteurized milk products that the person buys from a Grade A distributor or a milk processor.
“Bulk milk hauler/sampler” means any person who collects official samples and transports raw milk from a farm or raw milk products or both to or from a milk plant, receiving station, or transfer station and who possesses a permit from any state to sample the milk or raw milk products.
“Certified industry dairy farm inspector” means an individual who is certified by the Secretary under § 21–414 of this subtitle.
“Dairy farm” means a place where at least 1 cow, goat, or other hooved mammal is kept, and from which the milk is sold or offered for sale.
“Departmental inspection area” means the area in which the Department routinely makes inspections under this subtitle.
“Farmstead cheese” means cheese made on a dairy farm:
Using only the raw milk produced by the herd or flock on the dairy farm; and
That meets the definitions and standards of a hard cheese established in 21 C.F.R. 133.
“Grade A distribution station” means any place or vehicle where, for redistribution and sale, Grade A pasteurized milk products routinely are received, stored, or transferred.
“Grade A distributor” means a person who sells a Grade A pasteurized milk product.
“Grade A milk product” means:
Grade A milk;
Grade A cream; or
Any other Grade A milk product that the Secretary designates.
“Manufactured grade milk product” means:
Manufactured grade milk;
Manufactured grade cream; or
Any other manufactured grade milk product that the Secretary designates.
“Grade A Pasteurized Milk Ordinance” means the recommended Grade “A” Pasteurized Milk Ordinance published by the federal government.
“Milk” means the milk of a cow, goat, or other hooved mammal.
“Grade A milk” means the milk of a cow, goat, or other hooved mammal produced, processed, pasteurized, bottled, packaged, or prepared in accordance with the Grade A Pasteurized Milk Ordinance.
“Manufactured milk” means the milk of a cow, goat, or other hooved mammal which is not Grade A milk and which is produced, processed, pasteurized, bottled, packaged, or prepared in accordance with “Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements”.
“Milk fat” means the natural fat of milk.
“Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements” means the Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements published by the U.S. Department of Agriculture.
“Milk plant” means any place where, for distribution, milk products are:
Processed;
Pasteurized;
Bottled or packaged; or
Prepared.
“Milk plant” does not include a place where milk products are sold at retail only.
“Milk processor” means a person who owns, operates, or controls a milk plant.
“Milk producer” means a person who operates a dairy farm.
“Milk tank truck” means a truck and its equipment that are used to transport milk products.
“Milk transportation company” means a person responsible for a milk tank truck.
“Misbranded milk product” means a milk product:
That is in a container that bears or is accompanied by any false or misleading written, printed, or graphic material; or
That is not labeled in accordance with this subtitle.
“Pasteurized” means having undergone the process of uniformly heating each particle of milk product, holding it in the heated state, and cooling it, in approved and properly operated equipment and under the conditions of temperature and time that the Secretary by rule or regulation establishes, to make the milk product safe and free of pathogens.
“Pasteurized” includes having undergone any other process that:
Is recognized by the appropriate federal authority to be equally as effective as the process described in paragraph (1) of this subsection in making milk products safe and free of pathogens; and
Is approved by the Secretary.
“Permit” means a permit issued by the Secretary under this subtitle that authorizes the holder of the permit to do any act that is within the scope of the permit.
“Raw milk” means unpasteurized milk.
“Receiving station” means any place where, for delivery to a milk plant, raw milk is collected, cooled, and stored.
“Transfer station” means a place where milk is transferred directly from a milk tank truck to another milk tank truck for delivery to a milk plant.
The General Assembly finds that statewide laws, rules, and regulations are needed to govern the production, processing, labeling, and distribution of milk products in this State.
This subtitle applies only to milk products that are intended for sale for immediate or eventual human consumption.
A political subdivision may not regulate any milk product that is produced, processed, and manufactured in accordance with this subtitle and the rules and regulations adopted under this subtitle.
Any milk product that is produced, processed, and manufactured in accordance with this subtitle and the rules and regulations adopted under this subtitle may be sold anywhere in this State.
Except as otherwise provided in this subtitle or by a rule or regulation adopted under this subtitle, this subtitle and the rules and regulations adopted under this subtitle shall be interpreted in accordance with the Grade A Pasteurized Milk Ordinance.
For all manufactured milk products and activities, this subtitle and the rules and regulations adopted under this subtitle shall be interpreted in accordance with Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements.
The Secretary shall keep on file a certified copy of the Grade A Pasteurized Milk Ordinance.
The Secretary shall keep on file a certified copy of Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements.
The Secretary shall adopt rules and regulations to carry out the provisions of this subtitle.
The Secretary shall pay all funds collected under this subtitle into the General Fund of this State.
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:
Bring, send, or receive a milk product into this State for sale;
Offer a milk product for sale;
Give a milk product away;
Store a milk product; or
Transport a milk product.
A permit is required to:
Be a bobtailer;
Be a bulk milk hauler/sampler;
Be a certified industry dairy farm inspector;
Be a milk processor;
Be a milk processor – farmstead cheese producer;
Be a milk producer;
Operate a distribution station;
Operate a milk transportation company;
Operate a receiving station; or
Operate a transfer station.
A permit is not required for:
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;
A bulk milk hauler/sampler who receives raw milk from outside the departmental inspection area;
A grocery store, restaurant, soda fountain, or similar establishment where milk products are served or sold at retail if:
The establishment complies with all applicable provisions of this subtitle and all applicable rules or regulations adopted under this subtitle; and
The milk product is received from a permit holder; or
A bulk milk hauler/sampler who is transporting a sealed tanker and not producers’ samples.
The Secretary shall designate all permits with one of the following classifications, as required by rules and regulations:
Grade A milk; or
Manufactured milk.
To qualify for a permit, a person shall comply with the requirements of this subtitle and the rules and regulations adopted under this subtitle.
In addition to the requirements of subsection (a) of this section, to qualify for a certified industry dairy farm inspector permit or a bulk milk hauler/sampler permit, Grade A classification, the applicant shall meet the requirements of the Grade A Pasteurized Milk Ordinance.
In addition to the requirements of subsection (a) of this section, to qualify for a certified industry dairy farm inspector permit or a bulk milk hauler/sampler permit, manufactured milk classification, the applicant shall meet the requirements of Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements.
An applicant for a permit shall:
Submit an application to the Secretary on the form that the Secretary provides; and
Pay to the Secretary an annual fee established by the Secretary under § 2-104 of this article.
If the property of the applicant is in the departmental inspection area, before issuing a permit, the Secretary shall inspect the property, buildings, and equipment of an applicant for:
A bobtailer permit;
A distribution station permit;
A milk processor permit;
A milk processor – farmstead cheese producer permit;
A milk producer permit;
A milk transportation company permit;
A receiving station permit; or
A transfer station permit.
Each inspection under this section shall be to determine whether the property, buildings, equipment, and their operation conform to the rules and regulations adopted under this subtitle.
To ensure continued conformity to the rules and regulations adopted under this subtitle, the Secretary from time to time shall reinspect the property, buildings, and equipment of each permit holder for whom an initial inspection is required under this section.
The Secretary shall certify industry personnel as certified industry dairy farm inspectors.
Each certified industry dairy farm inspector shall cooperate with the Secretary in carrying out the provisions of this subtitle and the rules and regulations adopted under this subtitle for the supervision of dairy farms.
A certified industry dairy farm inspector may inspect a dairy farm to determine whether the dairy farm complies with this subtitle and the rules and regulations adopted under this subtitle for dairy farms.
A certified industry dairy farm inspector may not:
Take punitive action; or
Make an inspection for the issuance or reinstatement of a permit.
Each certified industry dairy farm inspector shall send to the Secretary a report of each inspection that the certified industry dairy farm inspector makes.
The Secretary shall issue the appropriate permit to any applicant who meets the requirements of this subtitle and the rules and regulations adopted under this subtitle for that permit.
A separate permit shall be issued for each place of operation that meets the requirements of this subtitle.
While it is effective, a bobtailer permit authorizes the holder, on a Grade A milk route that the holder operates or controls, to distribute Grade A pasteurized milk products that the holder purchased from a Grade A distributor or a Grade A milk processor.
While it is effective, a certified industry dairy farm inspector permit authorizes the holder to inspect dairy farms in accordance with this subtitle.
While it is effective, a distribution station permit authorizes the holder, for redistribution and sale, whether from a fixed location or from a vehicle:
To receive Grade A pasteurized milk products;
To store Grade A pasteurized milk products; and
To transfer Grade A pasteurized milk products for redistribution and sale.
While it is effective, a milk processor permit authorizes the holder:
To collect raw milk;
To handle raw milk;
To process raw milk;
To pasteurize raw milk;
To store pasteurized milk;
To bottle or package pasteurized milk;
To prepare pasteurized milk for distribution; and
To distribute pasteurized milk.
While it is effective, a milk processor – farmstead cheese producer permit authorizes the holder:
To perform all the functions set forth in paragraph (1) of this subsection; and
To produce farmstead cheese.
While it is effective, a milk producer permit authorizes the holder:
To operate a dairy farm; and
To sell raw milk from the dairy farm to:
A receiving station;
A transfer station; or
A milk plant.
While it is effective, a bulk milk hauler/sampler permit authorizes the holder, while operating a milk tank truck:
To receive raw milk products from a milk producer, milk plant, receiving station, or transfer station;
To transport raw milk products that have been received from a milk producer, milk plant, receiving station, or transfer station; and
To deliver raw milk products that have been received from a milk producer, milk plant, receiving station, or transfer station.
While it is effective, a receiving station permit authorizes the holder:
To collect raw milk;
To cool raw milk;
To process raw milk;
To store raw milk; and
To prepare raw milk for delivery to a milk plant.
While it is effective, a transfer station permit authorizes the holder to operate a place where raw milk is transferred between milk tank trucks for eventual delivery to a milk plant.
A permittee authorized to perform a function under this subtitle shall only exercise that authority as to the classification for which it is designated, except that:
Unless otherwise specified in this subtitle, a milk producer permittee with a Grade A classification authorized to perform a function under this subtitle may exercise that authority for manufactured milk; and
A milk processor, receiving station, or transfer station with a manufactured milk classification may exercise that authority using Grade A raw milk.
While it is effective, a milk transportation company permit authorizes the holder to operate one or more milk tank trucks.
The Secretary may establish a farmstead cheese program after the Secretary:
Adopts regulations to implement the program; and
Issues a milk processor – farmstead cheese producer permit to a qualified applicant.
Subject to the availability of sufficient inspection and testing staff, equipment, and other resources, the Secretary may issue milk processor – farmstead cheese producer permits under the program.
To qualify for a milk processor – farmstead cheese producer permit the applicant shall meet any requirements established by the Department by regulation.
Except for a milk producer permit, a permit expires on the first anniversary of its effective date, unless the permit is renewed for a 1–year term as provided in this section.
A milk producer permit does not expire.
Except for a milk processor – farmstead cheese producer permit, before the permit expires, its holder may renew it for an additional 1–year term, if the holder:
Otherwise is entitled to a permit;
Pays to the Secretary a renewal fee equal to the fee for an original permit of the same type; and
Submits to the Secretary a renewal application on the form that the Secretary requires.
Except for a milk processor – farmstead cheese producer permit, the Secretary shall renew the permit of each applicant for renewal who meets the requirements of this section.
Subject to the ongoing availability of sufficient inspection and testing staff, equipment, and other resources, the Secretary may renew a milk processor – farmstead cheese producer permit for an additional 1–year term if the holder meets the requirements established by regulation.
A permit is not transferable.
Subject to the hearing provisions of § 21-419 of this subtitle, the Secretary shall suspend a permit issued under this subtitle if:
The holder of the permit has obtained the permit fraudulently or deceptively;
The holder of the permit has violated this subtitle or a rule or regulation adopted under this subtitle;
A violation of this subtitle or a rule or regulation adopted under this subtitle exists at the place for which the permit has been issued under this subtitle;
A health hazard exists at the place for which the permit has been issued or exists as to the individual who holds the permit; or
The holder of the permit has interfered with the Secretary in the performance of the Secretary’s duties.
Except as otherwise provided in this section, before suspending a permit, the Secretary shall give to the holder of the permit notice of intent to suspend.
The notice shall:
Specify with particularity the condition or violation that the Secretary believes to justify the suspension; and
State that the holder has an opportunity to correct the condition or violation before a time that is:
At least 48 hours after the holder receives the notice of intent to suspend; and
Agreed on by the parties or set by the Secretary.
The Secretary is not required to give notice of intent to suspend a permit if:
The violation creates an imminent hazard to public health; or
The holder of the permit has willfully refused to permit an authorized inspection.
If a permit has been suspended more than once, the Secretary may revoke the permit.
Except as otherwise provided in this subtitle and in the Administrative Procedure Act, before the Secretary denies an application for a permit or takes any action under § 21–418 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.
Except as otherwise provided in this section, the Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
Within 48 hours after the person receives notice of the Secretary’s action, a person whose permit has been suspended or who has received a notice that the Secretary intends to suspend the permit may request a hearing.
Within 72 hours after receiving the request for a hearing, the Secretary shall hold the hearing.
If after due notice the person for whom the hearing is held fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.
A person aggrieved by a final decision of the Secretary in a contested case, as defined by the Administrative Procedure Act, may take a direct judicial appeal.
The raw milk that a milk producer sells shall be raw milk that:
Is obtained by the complete milking of a healthy cow or goat;
Is unadulterated, whole, and unadjusted; and
Is practically free of colostrum.
The pasteurized milk products that a distributor, bobtailer, or milk processor sells shall:
Be pasteurized; and
Meet all definitions and standards of identity established by federal law and regulation.
After the milk product has been processed, each milk product shall be labeled with:
The description of that milk product under this subtitle or the rules and regulations adopted under this subtitle; and
Any other information that the Secretary requires by rule or regulation.
In this section the following words have the meanings indicated.
“Condensed milk” includes sweetened condensed milk and evaporated milk.
“Condensed skimmed milk” includes sweetened condensed skimmed milk and evaporated skimmed milk.
“Dry milk solids” includes dry buttermilk, dry cream, dry whole milk, and nonfat dry milk solids.
Condensed milk:
Shall be manufactured from pure and wholesome milk;
Shall contain at least 25.5 percent milk solids and at least 7.5 percent milk fat;
Shall contain, within the limits of good manufacturing practice, at least 25 international units of vitamin D per fluid ounce; and
May contain any optional ingredient that is authorized under federal law.
Condensed skimmed milk:
Shall be manufactured from pure and wholesome skimmed milk;
Shall contain at least 20 percent milk solids and not more than 0.5 percent fat;
Shall contain, within the limits of good manufacturing practice, at least 25 international units of vitamin D per fluid ounce; and
May contain any optional ingredient that is authorized under federal law.
Dry milk solids:
Shall be manufactured from pure and wholesome milk, skimmed milk, buttermilk, or cream; and
May not contain any substance foreign to milk.
Each package or container in which condensed milk, condensed skimmed milk, or dry milk solids are sold or delivered shall be labeled clearly and accurately to show the exact type of product in the package.
The label shall be in letters not smaller or less distinct than any other letters on the package or container except letters used for the brand or trade name.
A person may not manufacture, sell, exchange, deliver, advertise, label, or expose for sale, under a distinctive name or otherwise, any milk product for which a standard is set under this section unless the milk product conforms to that standard.
In this section, “sell-by period” means the length of time a Grade A milk product may be kept for sale.
After a public hearing, the Secretary shall adopt rules and regulations that establish a method for conspicuously marking, on the Grade A milk product container, the last date on which the product may be sold.
Each Grade A milk product container shall be marked as required by rules and regulations adopted under this subtitle.
The Secretary shall adopt regulations that establish the sell-by period for a Grade A milk product that is cooled to, packaged, and stored at 45 degrees Fahrenheit or less before it is purchased by or delivered to the ultimate consumer.
Unless the transfer occurs on a dairy farm or in a receiving station, transfer station, or milk plant, a person may not transfer a milk product from a container or milk tank truck to another.
This subsection does not apply to milk for a mixed drink that requires less than 8 ounces of milk.
Except as otherwise provided in this subsection, a person may not sell or serve any fluid milk product unless it:
Is in the individual, original container that was sealed in the milk plant in which the milk product was pasteurized; or
Is served or sold from a bulk milk dispenser approved by the Secretary.
A person may serve cream, whipped cream, or half and half from other than the original container or an approved bulk milk dispenser, if the cream, whipped cream, or half and half:
Is served for consumption at the place of sale; or
Is served from an original container of not more than one-half gallon capacity or from a bulk dispenser.
In this subsection, “consumer container” means a container that:
Contains a milk product; and
Is intended for delivery to the ultimate consumer of the milk product.
A person may not store a consumer container in water.
A person may not store a consumer container in ice unless the person drains the water from the melting ice properly.
Except as approved by the Secretary, a person may not use or permit the use of any apparatus, equipment, utensil, or container that is intended for use in the processing and packaging of a milk product for any other purpose.
The Secretary shall impound a milk product that the Secretary determines is a threat to public health.
For purposes of this subsection, a threat to public health exists if a milk product intended for consumption:
Is handled improperly;
Is not kept at the required temperature;
Is injurious to health if consumed; or
Is otherwise unsafe.
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.
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.
The Secretary shall have the immunity from liability described in § 5-633 of the Courts Article in any action brought under this subsection.
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.
The regulations adopted under paragraph (1) of this subsection shall provide for how the civil money penalty will be adjusted according to the volume of milk found to be unusable for consumption.
A person subject to a civil monetary penalty imposed under subsection (b) of this section may appeal the order that imposes the penalty in accordance with Title 10, Subtitle 2 of the State Government Article.
Subsections (a), (b), (c), and (d) of this section do not apply to a retail establishment.
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.
If a Grade A milk product is from a place outside the departmental inspection area, a person may sell the Grade A milk product in this State if:
The person holds a permit issued under this subtitle; and
The Grade A milk product:
To the extent produced, processed, or pasteurized outside the departmental inspection area, is produced, processed, and pasteurized under requirements that are substantially equivalent to the requirements of this subtitle and of rules and regulations adopted under this subtitle; and
Is from an establishment that has a current individual United States Public Health Service rating of at least 90 from a State milk sanitation rating officer who is certified by the appropriate federal authority and listed in the interstate milk shippers report published by the appropriate federal authority.
The Secretary may inspect the property, buildings, or equipment of any permit holder whose Grade A milk product has been produced, processed, or pasteurized outside the departmental inspection area.
The person inspected shall pay the cost of the inspection.
The Department shall bill and collect the cost of the inspection.
A person may not sell in this State any Grade A milk product produced by a dairy farm, milk plant, or frozen dessert manufacturer that is in a jurisdiction that does not authorize milk products or frozen desserts to be imported from this State.
In this section, “milk emergency”:
Means a general and acute shortage of milk from Grade A dairy farms; and
Does not include a simple shortage of milk from Grade A dairy farms that affects only a small number of distributors.
In a milk emergency, the Secretary may authorize the sale of a pasteurized milk product that has not been certified as Grade A pasteurized milk.
A person who sells a milk product under this subsection shall label the milk product as the Secretary requires.
A person may not violate any provision of this subtitle or any rule or regulation adopted under this subtitle.
Except for sale of raw milk by a holder of a milk producer permit to a holder of a milk processor permit or the sale of a farmstead cheese, a person may not sell raw milk for human consumption.
An individual who has a communicable disease or is a carrier of a communicable disease may not work, in any capacity that brings that individual into contact with the production, handling, storage, or transportation of milk products, containers, equipment, or utensils, at:
A dairy farm;
A milk plant;
A receiving station; or
A transfer station.
A person who operates a dairy farm, transfer station, receiving station, or milk plant may not employ any individual:
Who, if employed, would violate paragraph (1) of this subsection; or
Whom the employer reasonably believes would violate paragraph (1) of this subsection if employed.
Each holder of a permit for a receiving station, transfer station, or as a distributor, milk processor, or milk producer shall notify the Secretary immediately if:
A communicable disease affects any individual on that person’s dairy farm, distribution station, receiving station, transfer station, or milk plant; or
That person suspects that any employee of that person has contracted a communicable disease or has become a carrier of a communicable disease.
An individual who has an infected cut or lesion on a hand or arm may not handle any milk product, milk container, or milk equipment.
The Secretary may make or require a reasonable medical and biological examination of an individual who is suspected of having any communicable disease.
An examination under this subsection may include examination of the bodily discharges of the individual.
In this section, “labeled milk can” means any milk can, cream can, or case that:
Belongs to an owner, dealer, or shipper of milk or cream who ships the milk or cream to any place in this State; and
Has the name or initials of the owner, dealer, or shipper stamped, marked, or fastened on it.
A person may not:
Use, sell, dispose of, buy, or traffic in labeled milk cans, without the consent of the owner, dealer, or shipper;
Willfully change the name or initials of the owner, dealer, or shipper stamped, marked, or fastened on the labeled milk can without the consent of the owner, dealer, or shipper; or
Place in any labeled milk can any substance other than milk or cream, without the consent of the owner, dealer, or shipper.