In this subtitle the following words have the meanings indicated. “Frozen dessert” means: Ice cream and frozen custard; Ice milk; Mellorine; Sherbet; Water ice; Goat milk ice cream and goat milk frozen custard; Goat milk ice milk; Quiescently frozen confection; Quiescently frozen dairy confection; or Any frozen food product that is similar in appearance, odor, or taste to any of the products listed in this subsection; Any frozen food product that is prepared or frozen in the same way as any of the products listed in this subsection; or The mix that is used in any of the products listed in this subsection. “License” means a license issued by the Secretary to manufacture in this State a frozen dessert or a mix for a frozen dessert.

If there is an outside container or wrapper for a frozen dessert or a mix for a frozen dessert, then, in order to comply with any requirement under this subtitle that a word, statement, or any other information appear on the label of the frozen dessert or mix, the word, statement, or other information also shall: Be placed on the outside container or wrapper; or Be legible through the outside container or wrapper. For purposes of the construction and enforcement of this subtitle, an act or omission of any officer, agent, employee, or any other person employed by any corporation, company, or association, shall be considered to be the act or omission of the corporation, company, society, or association, as well as of the person.

The Secretary shall provide a copy of this subtitle: To the extent possible, to every person who in this State manufactures or sells, at wholesale or retail, any frozen dessert or mix for a frozen dessert; and To any person who requests it. The Secretary may: Publish summaries of judgments, decrees, or court orders issued under this subtitle; and Otherwise collect, report, or illustrate the results of any investigation conducted under this subtitle.

To prevent deception in the sale of frozen desserts and to safeguard the health and welfare of consumers, the Secretary shall adopt rules and regulations that: Provide definitions and set standards of identity for frozen desserts and the mixes used in the manufacture of frozen desserts; Set packaging, labeling, and sanitary requirements for frozen desserts; and Govern any other condition that relates to the manufacture, processing, distribution, or sale of frozen desserts, whether manufactured or processed in a regular manufacturing plant, in a counter freezer, or otherwise. So far as practicable, the Secretary may conform any rule or regulation adopted under this subtitle to the rules and regulations adopted under the federal act. The Secretary may not adopt a rule or regulation under this section unless the requirements of this subsection and the Administrative Procedure Act are met. A public hearing shall be held on any rule or regulation that the Secretary considers under this section. Based on the record of the hearing, the Secretary shall issue a proposed decision on the rule or regulation. The Secretary shall provide any interested party an opportunity to file exceptions to the proposed decision based on the hearing record. When issuing a final decision regarding a rule or regulation, the Secretary also shall: Rule on any exception to the Secretary’s proposed decision; and State the reasons for the ruling.

A person shall be licensed by the Secretary before the person may manufacture a frozen dessert or a frozen dessert mix for sale in this State. A separate license is required for each manufacturing plant that a person operates.

An applicant for a license shall: Submit an application to the Secretary on the form that the Secretary requires; and Pay to the Secretary an application fee established by the Secretary under § 2-104 of this article. The application fee under this section shall be based on: If the applicant has a manufacturing facility located in this State, the annual production of any frozen dessert or frozen dessert mix in this State; and If the applicant has a manufacturing facility not located in this State, the annual sales of any frozen dessert or frozen dessert mix in this State. For each license for which a person applies, the person shall submit a separate application and pay a separate application fee. The application: Shall be on the form that the Secretary requires; and Shall include: The location of the manufacturing plant at which the frozen dessert or frozen dessert mix is manufactured; and Any brand name under which the frozen dessert or frozen dessert mix is to be sold.

If an application is submitted for a license for a manufacturing plant that is in this State, before issuing the license, the Secretary shall inspect the property, buildings, and equipment of the plant to determine whether the plant meets the requirements for a license. To determine whether the plant meets the requirements for a license, the Secretary may inspect a manufacturing plant that is outside of this State. If the Secretary does not inspect a plant outside of this State, the Secretary may not issue a license for the plant unless the applicant satisfies the Secretary that: The plant and the frozen desserts or frozen dessert mixes produced in the plant conform to the laws of the jurisdiction in which the plant is located; and Those laws, rules, and regulations are at least as stringent as those that apply under this subtitle.

The Secretary shall issue a license to any applicant who meets the requirements of this subtitle.

While it is effective, a license authorizes the licensee to manufacture frozen desserts and frozen dessert mixes at the manufacturing plant identified in the license.

A license expires on the first anniversary of its effective date, unless the license is renewed for a 1-year term as provided in this section. At least 1 month before the license expires, the Secretary shall send to the licensee, by first-class mail to the last known address of the licensee, a renewal notice that states: The date on which the current license expires; The date by which the renewal application must be received by the Secretary for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Before a license expires, the licensee periodically may renew it for an additional 1-year term, if the licensee: Otherwise is entitled to a license; Pays to the Secretary a renewal fee established by the Secretary under § 2-104 of this article; and Submits to the Secretary: A renewal application on the form that the Secretary requires; and Satisfactory evidence of compliance with the requirements of this section for renewal. The renewal fee under this section shall be based on: If the licensee has a manufacturing facility located in this State, the annual production of any frozen dessert or frozen dessert mix in this State; and If the licensee has a manufacturing facility not located in this State, the annual sales of any frozen dessert or frozen dessert mix in this State. The Secretary shall renew the license of each licensee who meets the requirements of this section. A license is not transferable.

If the Secretary finds that a licensee has violated any of the provisions of this subtitle or that a violation has occurred on any premises for which a license has been issued, the Secretary immediately shall give written notice to the licensee. The notice shall set forth the nature of the violation and direct that it be stopped. If a licensee fails to comply with a notice given under this section, the Secretary may suspend or revoke the license of the licensee.

Except as otherwise provided in the Administrative Procedure Act, before the Secretary suspends or revokes a license under § 21-813 of this subtitle or denies a license to any applicant, the Secretary shall give the individual against whom the action is contemplated an opportunity for a hearing before the Secretary. The Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

Any applicant who has been denied a license and any licensee aggrieved by the suspension or revocation of a license under § 21–813 of this subtitle may take a judicial appeal. The appeal shall be made in accordance with the provisions for judicial review of final decisions in contested cases in the Administrative Procedure Act. Either party may appeal the decision of the circuit court to the Appellate Court of Maryland.

A person may not manufacture for sale in this State a frozen dessert or a frozen dessert mix unless the person holds a license for the plant in which the frozen dessert or mix is manufactured.

A person may not manufacture for sale in this State a frozen dessert or a frozen dessert mix: While the license for the plant in which the frozen dessert or mix is manufactured is suspended; or After the license: Has expired; or Has been revoked. The Secretary may sue to enjoin a person from repeating a violation of this section.

A person may not sell any frozen dessert or frozen dessert mix that was manufactured at a plant for which a license was not then held. The Secretary may sue to enjoin a person from repeating a violation of this section.

Any frozen dessert manufacturer licensed by the State of Maryland and desiring to sell a product for which a frozen dessert standard has not been set shall file with the Secretary a written request for authorization. Any authorization granted under this section shall not exceed a period of 1 year.