Plain Text Law

Regulation .06 Permitting Process.

Regulation .06 Permitting Process.Copy Citation

A.
Except as otherwise provided in Health-General Article, §§21-410 and 21-411, Annotated Code of Maryland, a person shall obtain a permit from the Secretary before that person may:
(1)
Bring, send, or receive a milk product into the State for sale;
(2)
Offer a milk product for sale;
(3)
Give away a milk product;
(4)
Store a milk product;
(5)
Transport a milk product; or
(6)
Collect official milk samples.
B.
Per Health-General Article, §§21-411, 21-412 and 21-417, Annotated Code of Maryland, an applicant for a permit shall:
(1)
Submit a complete application to the Secretary for each place of operation on the form that the Secretary provides;
(2)
Pay to the Secretary an annual fee established by the Secretary under Health-General Article, §2-104, Annotated Code of Maryland, and COMAR 10.01.17; and
(3)
Be an employee of a milk transportation company, if applying for a Maryland Bulk Milk Hauler license, or be an owner of a milk transportation company, if applying for a Milk Transportation Company permit.
C.
The Secretary shall issue a permit to an applicant who:
(1)
Submits a complete application; and
(2)
Meets the requirements of this chapter for each place of operation.
D.
A permit issued by the Secretary:
(1)
Is not transferable; and
(2)
Is not valid if there is a change of owner, corporation, partnership, or physical location.
E.
A bulk milk hauler/sampler who holds a permit in another state and picks up and samples raw milk at fewer than three Maryland farms shall obtain a Maryland milk hauler/sampler permit by providing:
(1)
Documentation of a current bulk hauler/sampler permit from the licensing state, which clearly states the permit expiration date;
(2)
Documentation of a current field evaluation from the licensing state; and
(3)
A statement concerning the number of Maryland dairy farms from which the bulk milk hauler/sampler will pick up.
F.
A bulk milk hauler/sampler who holds a permit from another state may pick up and sample raw milk from no more than three Maryland farms without a Maryland field evaluation or written exam.
G.
If a bulk milk hauler/sampler who holds a permit from another state routinely picks up and samples raw milk at three or more Maryland farms, a Maryland field evaluation shall be conducted.