Title 15 — Subtitle 03. Weights and Measures

Chapter 01. Commercial Weighing and Measuring Devices and Procedures for Testing Packaged Goods

Regulation .01 Specifications, Tolerances, and Technical Requirements for Commercial Weighing and Measuring Devices.Link Copy Citation

The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices used in the State are those adopted by the National Conference on Weights and Measures as published in National Institute of Standards and Technology Handbook 44, as amended, as provided under Agriculture Article, §11-203(c), Annotated Code of Maryland.

Regulation .02 Procedures for Testing the Net Contents of Packaged Goods.Link Copy Citation

The procedures and statistical sampling techniques used by the Maryland Department of Agriculture to test packages for conformance with legal weights and measures standards in this State are those adopted by the National Conference on Weights and Measures as published in “NIST (National Institute of Standards and Technology) Handbook 133, 2020 Edition, Checking the Net Contents of Packaged Goods", which is incorporated by reference.

Chapter 02. Packaging and Labeling

Regulation .01 Incorporation by Reference.Link Copy Citation

The following sections of NIST (National Institute of Standards and Technology) Handbook 130, 2022 Edition, are incorporated by reference:

(1)

The section titled “Uniform Packaging and Labeling Regulation”; and

(2)

The section titled “Examination Procedure for Price Verification”.

The requirements applicable to packaged commodities that are produced, kept, offered, or exposed for sale in this State are set forth in the section of Handbook 130 titled “Uniform Packaging and Labeling Regulation”.

The requirements applicable to examination procedures for price accuracy in retail stores in this State are set forth in the section of Handbook 130 titled “Examination Procedure for Price Verification”.

Chapter 03. Method of Sale of Commodities

Regulation .01 Application.Link Copy Citation

These regulations govern the methods and quantity terms to be employed in the representation, advertisement, and sale of some specific commodities and the advertisement of all commodities relative to use of posted prices. (Agency note: For packaging and labeling requirements refer to the Maryland Packaging and Labeling Regulations.)

Regulation .02 All Commodities.Link Copy Citation

If an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, every element of the fraction shall be prominently displayed, and the numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of any numeral representing the whole cents.

Regulation .03 Sale from Bulk.Link Copy Citation

Except as otherwise provided for in Agriculture Article, §§11-308, 11-316, and 11-505, Annotated Code of Maryland, whenever the quantity is determined by the seller, bulk sales in excess of $20, and all bulk deliveries of heating fuel, shall be accompanied by a delivery ticket containing at least the following information:

The name and address of the vendor and purchaser;

The date delivered;

The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;

The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale;

The count of individually wrapped packages, if any, and if more than one.

Regulation .04 Food Products.Link Copy Citation

Berries and Small Fruits. Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 pint, 1 pint, or 1 quart, dry measure, provided that the labeling requirements of Regulations .03, .05, and .06 of COMAR 15.03.02 (Packaging and Labeling) may not apply to these containers.

Butter, Oleomargarine, and Margarine. Butter, oleomargarine, and margarine shall be offered and exposed for sale and sold by weight.

Flour, Corn Meal, and Hominy Grits. Wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, corn flour, corn meal, and hominy grits, whether enriched or not, shall be packaged, kept, offered, or exposed for sale, and sold by weight.

Meat, Poultry, and Seafood.

(1)

Except for immediate consumption on the premises where sold, or as one of two or more different elements, excluding condiments, that comprise a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, or cooked and ready-to-eat whole chicken or chicken parts that are prepared on the premises, all meat, meat products, poultry, and all seafood except shell fish offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight.

(2)

When meat, poultry, or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, the food product or combination shall be offered or exposed for sale, and sold by weight. The quantity representation may be the total weight of the product or combination and a quantity representation is not required for each element of the product or combination.

Fluid Dairy Products. All fluid dairy products, including whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk shall be sold by fluid volume.

Other Milk Products. Cottage cheese, cottage cheese products, sour cream, and yogurt shall be sold by weight.

Ice Cream and Similar Frozen Desserts.

(1)

Ice cream, ice milk, frozen custard, frozen yogurt, sherbet, and similar products shall be kept, offered, or exposed for sale, and sold by fluid volume.

(2)

Frozen yogurt shall be sold or offered for sale by weight, whether or not combined with other condiments, if the amount of the frozen yogurt to be purchased is:

(a)

Determined by the purchaser; and

(b)

Dispensed by the purchaser.

Pickles. The declaration of net quantity of contents on pickles and pickle products, including relishes but excluding one or two whole pickles in a transparent wrapping which may be declared by count, shall be expressed in terms of fluid measure. Sales of pickles from bulk may be by count. (See COMAR 15.03.02.06C(2)(c)).

Ice. The declaration of net quantity for ice, whether in block, cubes, flaked, crushed or other form, shall be expressed in terms of weight.

Regulation .05 Nonfood Products.Link Copy Citation

Coatings. Asphalt paints, coatings sold in a viscous state, and plastics shall be sold in terms of liquid measure.

Softwood Lumber.

(1)

Softwood lumber applies to softwood boards, timbers, and dimension lumber that have been dressed on four sides, but may not apply to rough lumber, to lumber that has been matched, patterned, or shiplapped, or to lumber remanufactured or joined so as to have changed the form or identity, such as individual, assembled, or packaged millwork items.

(2)

Definitions.

(a)

“Boards” means lumber 11/4 inches or less in actual thickness and 1 1/2 or more inches in actual width. Boards less than 5 1/2 inches in actual width may be classified as strips.

(b)

“Dimension lumber” means lumber from 1 1/2 inches to, but not exceeding, 4 1/2 inches in actual thickness, and 1 1/2 or more inches in actual width. Dimension lumber may be classified as framing, joists, planks, rafters, studs, small timbers, etc.

(c)

“Dressed (surfaced) lumber” means lumber that has been dressed (or surfaced) for the purpose of attaining smoothness of surface and uniformity of size.

(d)

“Grade” means the commercial designation assigned to lumber meeting specifications established by a nationally recognized grade rule writing organization.

(e)

“Matched lumber” means lumber that has been worked with a tongue on one edge of each piece and a groove on the opposite edge to provide a close tongue-and-groove joint by fitting two pieces together. When end-matched, the tongue and groove are worked in the ends also.

(f)

“Minimum dressed sizes (width and thickness)” means the standardized width and thickness at which lumber is dressed when manufactured in accordance with Table 1.

(g)

“Patterned lumber” means lumber that is shaped to a pattern or to a molded form, in addition to being dressed, matched, or shiplapped, or any combination of these workings.

(h)

“Representation” means any advertisement, offering, invoice, or the like that pertains to the sale of lumber.

(i)

“Rough lumber” means lumber that has not been dressed but which has been sawed, edged, and trimmed at least to the extent of showing saw marks in the wood on the four longitudinal surfaces of each piece for its overall length.

(j)

“Shiplapped lumber” means lumber that has been worked or rabbeted on both edges of each piece to provide a close-lapped joint by fitting two pieces together.

(k)

“Softwood lumber,” for the purpose of this regulation, means lumber produced from the cedar, fir, hemlock, juniper, larch, pine, redwood, spruce, tamarack, and yew species groups of trees.

(l)

“Species” means the commercial name assigned to a species of trees.

(m)

“Species group” shall be the commercial name assigned to two or more individual species having similar characteristics.

(n)

“Timbers” means lumber 4 1/2 or more inches in least actual dimension. Timber may be classified as beams, stringers, posts, caps, sills, girders, purlins, etc.

(3)

Identity. Representations shall include a declaration of identity that specifies the grade or grades, species or species group, and whether the lumber is unseasoned (green) or dry.

(4)

Quantity. Representations shall be in terms of the number of pieces, the minimum dressed width and thickness, the length of individual pieces or the lineal footage, except that:

(a)

The use of nominal dimensions shall be allowed when used in conjunction with the required minimum dressed sizes and actual length;

(b)

With respect to all invoices, a table of minimum dressed sizes may appear on the reverse side of the invoice, so long as appropriate reference to the table is prominently and conspicuously shown on the face of the invoice.

Minimum standard dressed sizes at the time of manufacture for both unseasoned (green) and dry lumber.

Peat and Peat Moss.

(1)

Peat and peat moss applies only with respect to organic matter of geological origin, excluding coal and lignite, originating principally from dead vegetative remains through the agency of water in the absence of air and occurring in a bog, swampland, or marsh, and containing an ash content not exceeding 25 percent on a dry-weight basis (dried in an oven at 105° C (221°F) until no further weight loss can be determined).

(2)

Declaration of Quantity. The declaration of quantity of peat and peat moss shall be expressed in weight units or in cubic-measure units.

(3)

Units.

(a)

Weight. Peat and peat moss sold in terms of weight shall be offered and exposed for sale only in kilograms or pounds, or both.

(b)

Cubic Measure. Peat and peat moss sold in terms of cubic measure shall be offered and exposed for sale only in liters or cubic feet, or both. If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the compressed state.

Roofing and Roofing Material.

(1)

Roofing and roofing material shall be sold either by the square or by the square foot only.

(2)

Definitions.

(a)

“Square” means the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover an area of 100 square feet exclusive of side laps or side joints, provided that, in the case of roofing or roofing material of corrugated design, the side lap or side joint shall be one full corrugation.

(b)

“Square foot” means the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover 1 square foot (144 square inches) exclusive of side laps or side joints.

(3)

Declaration of Quantity.

(a)

When the declaration of quantity on a package of roofing or roofing material contains the term “square,” it shall include, plainly and conspicuously, a numerical definition of the term “square”; for example, “One square covers 100 square feet of roof area.”

(b)

Common Fractions. The use of the common fraction 1/3 is specifically authorized in the quantity statement of a package of roofing or roofing material when, and only when, used as the common fraction of the “square.”

(c)

Quantity Statement. The primary declaration shall only be in terms of a square or square feet. There is no prohibition against the use of supplementary quantity declarations, such as shingle dimensions, but the weight of the material may not be stated or implied. However, the use of numerical descriptions for rolls of felt roofing material may continue to be used.

Sealants. Caulking compounds, glazing compounds, and putty shall be sold in terms of liquid measure, except that rope caulk shall be sold by weight.

Fireplace and Stove Wood.

(1)

Definitions.

(a)

“Cord” means the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. For the purposes of this section, “ranked and well stowed” means when pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner.

(b)

“Fireplace and stove wood” means any kindling, logs, boards, timbers or other wood, natural or processed, split or not split, advertised, offered for sale or sold for use as fuel.

(c)

“Flavoring chips” means any kindling, boards, timbers, or other natural or processed, split or unsplit wood that is advertised, offered for sale, or sold for flavoring smoked or barbequed foods.

(d)

“Representation” means any advertisement, offering, invoice, or the like that pertains to the sale of fireplace or stove wood.

(e)

“Species group” means the commercial name assigned to two or more individual species having similar characteristics (example: oak, hickory, pine, poplar, etc.).

(2)

Identity. Representations shall include a declaration of identification that indicates the species group and whether the wood is unseasoned (green) or dry. A representation of two or more species groups shall indicate, within 10 percent accuracy, the percentages of each group.

(3)

Quantity.

(a)

Fireplace and stovewood shall be advertised, offered for sale, and sold only by measure, using the term “cord” and fractional parts of a cord.

(b)

Packaged Natural Wood. Natural wood offered for sale in packaged form in quantities less than 1/8 cord (16 cubic feet) shall display the quantity in terms of cubic feet including fractions of cubic feet or cubic meters including fractions of cubic meters.

(c)

Artificial Compressed or Processed Logs. A single fireplace log shall be sold by weight. Packages of these individual logs shall be sold by weight plus count.

(d)

Stovewood Pellets or Chips. Pellets or chips not greater than 6 inches (15 centimeters) in any dimension shall be sold by weight. This requirement does not apply to flavoring chips.

(e)

Flavoring Chips. Flavoring chips shall be sold by volume.

(4)

Prohibition. The terms “face cord,” “rack,” “pile,” “truck load,” or terms of similar import may not be used when advertising, offering for sale, or selling wood for use as fuel.

(5)

Delivery Ticket or Sales Invoice. A delivery ticket or sales invoice shall be presented by the seller to the purchaser whenever any nonpackaged fireplace or stovewood is sold. The delivery ticket or sales invoice shall contain at least the following information:

(a)

The name and address of the vendor;

(b)

The name and address of the purchaser;

(c)

The date delivered;

(d)

The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;

(e)

The price of the amount delivered; and

(f)

The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale.

Sod.

(1)

Application. For the purpose of this regulation this section shall apply to all sod, including turf sod, turf plugs and turf sprigs.

(2)

Definitions.

(a)

“Sod” means “turf sod”, “turf plugs”, or “turf sprigs” of a single kind or variety or a mixture of kinds and varieties.

(b)

“Turf” means a live population of one or more kinds of grasses, legumes, or other plant species used for lawns, recreational use, soil erosion control, or other purposes.

(c)

“Turf plug” means a small section cut from live turf of those kinds of turf normally vegetatively propagated (such as zoysia grass), which, when severed, contains sufficient plant material to remain intact.

(d)

“Turf sod” means a strip or section of live turf which, when severed, contains sufficient plant material to remain intact.

(e)

“Turf sprig” means a live plant, stolon, crown, or section cut from perennial plants used as turf.

(3)

Quantity.

(a)

Sod shall be advertised, offered for sale, and sold by measure or by a combination of count and measure as prescribed by this section.

(b)

Turf Sod. Turf sod shall be advertised, offered for sale, and sold in terms of square feet or square yards, as appropriate.

(c)

Turf Plugs. Turf plugs shall be advertised, offered for sale, and sold in terms of count, combined with a statement of surface area dimension (example: "100 plugs, 2 inch diameter").

(d)

Turf Sprigs. Turf sprigs shall be advertised, offered for sale, and sold in terms of the United States bushel or fractions thereof. (Agency note: Refer to Regulations .02B, C, D, H, .06B, C, F, and G of COMAR 15.03.02. In addition, refer to regulations pertaining to the Maryland Turf Grass Law.)

Regulation .06 Home Food or Nonfood Service Plan Sales.Link Copy Citation

Definitions. In this regulation, the following terms have the meanings indicated:

(1)

Buyer.

(a)

“Buyer” includes both the actual and prospective buyer.

(b)

“Buyer” does not include persons buying for resale.

(2)

“Contract” means all of the buyer's written agreements at the time of sale relating to the purchase of a home food service plan, except promissory notes or other financing agreements.

(3)

“Food item” means each edible product sold as part of a home food service plan, including, but not limited to, each constituent part or kind of meat cut from a primal source, each kind of whole poultry or poultry part, seafood products, and other similar products.

(4)

“Home food service plan” means the offering for sale to a consumer, in the consumer's home, of any food item, or food item in combination with any nonfood item or services, or both, whether or not a membership fee or similar charge is involved.

(5)

Nonfood Item.

(a)

“Nonfood item” means each inedible product sold as part of a home food service plan, including, but not limited to, paper products, health and beauty products, detergents, cleaners and disinfectants, rolls of wrapping, and similar products.

(b)

“Nonfood item” does not include food items and durable consumer goods such as appliances.

(6)

“Primal source” means the following cuts:

(a)

Round, flank, loin, rib, plate, brisket, chuck, and shank for beef;

(b)

Leg, flank, loin, rack (rib), and shoulder for veal and lamb or mutton; and

(c)

Belly, loin, ham, spareribs, shoulder, and jowl for pork.

(7)

“Seller” means a person, partnership, corporation, or association, however organized, engaged in the sale of a home food service plan.

(8)

“Service charge” means the total price for any additional features, services, and processing associated with the purchase of a home food service plan, whether stated in terms of membership fees or otherwise.

(9)

“Unit price” means the price of a food or nonfood item sold as part of a home food service plan, computed to the nearest 0.1 cent when less than $1, and to the nearest cent when $1 or more. The unit price, exclusive of any service charge or charges, is expressed in terms of the price per unit of weight, measure, or count.

Contract and Disclosure Requirements.

(1)

At the time of sale, or before the sale as required by this section, the seller shall provide the buyer with a written agreement, which shall clearly and conspicuously disclose the following:

(a)

The name, address, and telephone number of the seller and the name and address of the buyer;

(b)

The date of the contract;

(c)

The price of the food and nonfood items of the home food service plan;

(d)

The service charge or the price of any service charges associated with the home food service plan;

(e)

The total price of the home food service plan including the price of the food and nonfood items, and the price of any service charge; and

(f)

For sales with a purchase price of $25 or more solicited by the seller, a statement that the buyer has the right to cancel the home food or nonfood service plan contract until midnight of the third business day after the date on which the buyer executed the contract.

(2)

The seller shall comply also with all applicable disclosure requirements of the Door-to-Door Sales Act, Commercial Law Article, Title 14, Subtitle 3, Annotated Code of Maryland. The seller may give the buyer either a separate notice of cancellation or have a detachable notice of cancellation in the agreement. The notice shall be in 10-point boldface type. A separate boldfaced statement of the right to cancel shall be near the buyer's signature. The seller shall orally inform the buyer of the right to cancel.

(3)

In addition to the disclosures required in §B(1) and (2) of this regulation, the following disclosures shall be given to the buyer in a single document before entering into any written agreement:

(a)

A written list of all food and nonfood items to be sold, which shall include:

(i)

The identity of each unit and, if applicable, the United States Department of Agriculture quality grade of the item if graded, the primal source, and the brand or trade name,

(ii)

The quantity of each item sold,

(iii)

The estimated service size by net weight of each piece of meat, poultry, and seafood item offered for sale under the home food service plan, provided that the estimates may not differ from the actual weight at the time of delivery by more than 5 percent, and that the dollar value of the meat, poultry, and seafood items delivered is equal to or greater than that represented to the buyer, and

(iv)

The net weight, measure, or count of all other food and nonfood items offered for sale;

(b)

A current unit price list stating:

(i)

In dollars and cents, the price per kilogram or pound or other appropriate unit of measure,

(ii)

The total sale price of each item to be delivered, and

(iii)

Clearly and conspicuously whether there are additional costs disclosed in the written agreement relating to any service charges associated with the purchase of the home food service plan;

(c)

If a membership is sold, a written statement of all terms, conditions, benefits, and privileges applicable to the membership; and

(d)

If a service charge is included, a written statement specifically identifying the service or services provided and the price charged.

(4)

The seller shall provide information about the identity of each unit, quantity, weight, and unit price for each item in close proximity to one another. All disclosures shall be made clearly and conspicuously in a manner likely to be seen and understood by the consumer.

Delivery.

(1)

At the time of delivery, the seller shall provide a receipt to the buyer.

(2)

The buyer shall sign the receipt.

(3)

The receipt shall disclose the following information:

(a)

The identity of the item, and the net quantity of the contents in terms of weight as specified in §B(3)(a)(iii) of this regulation, measure, or count; and

(b)

The unit price and total sales price of each food and nonfood item, which shall be the same as that specified on the unit price list given to the buyer at the time of sale.

Advertisement of Home Food or Nonfood Service Plans. A person who advertises a home food or nonfood service plan that discloses item pricing information shall set forth, in a clear and conspicuous manner, and not less prominently than for the item pricing information, any service charges or other additional costs associated with the purchase of the home food service or nonfood service plan.

Chapter 04. Farm Milk Tanks

Regulation .01 Scope.Link Copy Citation

This chapter applies to farm milk tanks that are:

(1)

Located on the premises of the producer; and

(2)

Used, or to be used, under an express agreement between the producer and the purchaser for the commercial measurement of milk.

This chapter does not apply to farm milk tanks that are mounted on highway vehicles.

This chapter does not apply if a fluid meter is used for the commercial measurement of milk. In this situation, the specifications, tolerances, and requirements specified in the National Institute of Standards and Technology Handbook 44, Section 3.35, apply.

Regulation .02 Definitions.Link Copy Citation

“Department” means Maryland Department of Agriculture.

Farm Milk Tank.

(1)

“Farm milk tank” means a unit for measuring milk or other fluid dairy products, whether stationary or portable. It shall be considered suitable for commercial use only when it comprises:

(a)

A vessel, whether or not equipped with means for cooling its contents;

(b)

Means for reading the level-of-liquid in a tank, such as a removable gauge rod, surface gauge, or a gauge tube; and

(c)

A chart for converting level-of-liquid readings to gallons or avoirdupois weight on the basis of 8.6 pounds per gallon.

(2)

Each compartment of a subdivided tank shall, for the purpose of these regulations, be construed to be a “farm milk tank”.

“Secretary” means Secretary of Agriculture or the Secretary’s designee.

Regulation .03 Specifications.Link Copy Citation

Manufacturers and installers of farm milk tanks and those using farm milk tanks shall comply with the specifications, tolerances, and other technical requirements specified in:

(1)

This chapter; and

(2)

The National Institute of Standards and Technology Handbook 44, Section 4.42, as provided under COMAR 15.03.01.01.

Design of Calibration Chart.

(1)

The installer shall make calibration charts in triplicate with one for the purchaser of the tank, one for the purchaser of the milk, and one for the Secretary of Agriculture.

(2)

The charts shall bear the following information:

(a)

Manufacturer of the tank;

(b)

Size of the tank;

(c)

Model number;

(d)

Serial number of the tank;

(e)

Serial number of the rod;

(f)

Name and address of the owner of the tank;

(g)

Date of installation;

(h)

Date of last calibration;

(i)

Type of graduations on the rod;

(j)

Purchaser of the milk; and

(k)

Name of the person or firm who calibrated the tank.

Regulation .04 Repealed.Link Copy Citation

Regulation .05 Tolerances.Link Copy Citation

Application. The tolerances prescribed in this regulation shall be applied equally to errors in excess and errors in deficiency.

Minimum Tolerance Values. On a particular farm milk tank, the maintenance and acceptance tolerances applied may not be smaller than the smallest volume corresponding to a graduated interval at any point on the gauge rod or surface gauge.

Basic Tolerance Values. Basic maintenance and acceptance tolerance shall be as shown in Table 1. (The error at any liquid level of a farm milk tank is the difference between the gallonage shown for that level on the calibration chart and the corresponding gallonage by test. The tolerance is applied according to the volume of test liquid in the tank at each test draft, regardless of the nominal capacity of the tank.)

Regulation .06 Storage of Gauge Rod.Link Copy Citation

Between periods of actual use for measuring, the producer shall keep the gauge rod stored at room temperature and may not place it inside a farm milk tank.

Chapter 05. Receiving, Weighing, Sampling and Testing of Milk or Other Fluid Dairy Products

Regulation .01 Definitions.Link Copy Citation

“Department” means Maryland Department of Agriculture.

“Secretary” means the Secretary of Agriculture or the Secretary’s designee.

Regulation .02 Permits, Licenses and Fees.Link Copy Citation

Receiving Station Permits.

(1)

Stationary Receiving Stations. A permit is required for each stationary receiving station, such as any building, milk plant, or other non-mobile facility where milk and other fluid dairy products are received from the producer. Upon each permit application for a stationary receiving station, the applicant shall state, under oath, the average amount of milk or other fluid dairy products received daily during the 12-month period preceding the application. If the applicant did not purchase milk for the entire 12-month period, he will state the average amount received during the period when milk was purchased by him. If he purchased no milk during any portion of the previous 12 months, he will estimate his receipts for the period for which the permit is requested.

(2)

Farm Milk Tank Truck—Mobile Receiving Station. A mobile receiving station shall be any milk tank truck, trailer, or semi-trailer which is used to receive the producer's milk on the farm. Each milk tank truck, trailer, or semi-trailer shall be considered a receiving station and each purchaser or receiver shall be required to hold a separate permit for each mobile receiving station. In addition to all other information required by the Secretary, the applicant shall state, under oath, the total capacity in gallons of each mobile receiving station for which a permit is required.

(3)

Permit Fees.

(a)

General. Each application for a permit shall be accompanied by a fee based on the average daily volume of milk or other fluid dairy products received, in the case of stationary receiving stations, and the total capacity of the carrying compartment(s) in the case of mobile receiving stations.

(b)

Fee Determination.

(i)

Stationary Receiving Stations.

(aa)

Receiving milk and other fluid dairy products not exceeding 2000 pounds daily—$5

(bb)

Receiving milk and other fluid dairy products exceeding 2000 pounds, but not exceeding 40,000 pounds daily—$10

(cc)

Receiving milk and other fluid dairy products exceeding 40,000 pounds daily—$25

(ii)

Mobile Receiving Stations.

(aa)

Total capacity not exceeding 5000 gallons—$10

(bb)

Total capacity exceeding 5000 gallons—$25

(4)

Posting Permits.

(a)

Stationary receiving station permits shall be conspicuously posted at the receiving station for which they are issued.

(b)

Mobile receiving station permits shall be kept in the vehicle for which they are issued and shall be available for display and inspection at all times upon request by the Secretary.

(5)

Permit Year. All receiving station permits shall be valid for 12 months or any fraction thereof beginning January 1 and expiring December 31 of the calendar year for which they are issued. Permits are not assignable or transferable.

Licenses.

(1)

License Obtained by Examination. Every person weighing, measuring, sampling, or testing milk or other fluid dairy products for permit holders shall possess a license issued by the Secretary for that purpose. The license may be obtained by initiating an application and successfully completing any applicable examination required by the Secretary. After a person successfully completes the examination for a license to test and/or to weigh, measure, or sample, he shall receive written notification of that fact. Unless he applies for the license within a 2-year period from the date of examination, he shall be required to present himself for reexamination before being issued a license.

(2)

License Renewal. Unless a person holding a valid license to test and/or to weigh, measure, and sample renews the license within 1 year after its expiration date, he shall be required to successfully complete an applicable examination prescribed by the Secretary before a current license may be issued.

(3)

Farm Milk Tank Calibrator.

(a)

Registration. All persons, not members of the Maryland Department of Agriculture, engaged in calibration of farm milk tanks located in the State shall be registered with the Secretary.

(b)

License and Examination Required. All persons desiring to be registered as a farm milk tank calibrator shall initiate the prescribed action to obtain a license to weigh, measure, and sample as a minimum requirement, or obtain a license to weigh, measure, sample, and test. Examinations specifically for calibrators will, in addition to other material, contain subject matter directly related to farm milk tanks.

(4)

License Year. All licenses shall be valid for 12 months or any fraction thereof beginning January 1 and expiring December 31 of the calendar year for which they are issued.

(5)

Fees for Examination and License.

(a)

Application and Examination Fee; General. Any person requesting an examination and initiating an application for a license to weigh, measure, sample and/or test milk or other fluid dairy products shall pay the prescribed fee.

(b)

Application and Examination Fee; Cost. The application and examination fee shall be $1 for any person seeking a license to weigh, measure, and sample. The fee for any person seeking a license to weigh, measure, sample, and test shall be $1.50.

(c)

License Fee. The fee for a license to weigh, measure, and sample shall be $2. The fee for a license to weigh, measure, sample, and test shall be $3.

Regulation .03 Equipment.Link Copy Citation

Glassware Calibration. There shall be a charge of 10 cents per item for milk test bottles, milk pipettes, and cream test bottles inspected and tested by the Secretary. There will be no charge for any equipment inspected and tested during routine laboratory inspections as required by Title 11, Agriculture Article, Annotated Code of Maryland.

Volumetric Field Test Measures. All volumetric measuring devices used for the calibration of farm milk tanks in Maryland shall be inspected, tested, and approved once each calendar year by the Secretary.

Farm Milk Tanks. Farm milk tanks shall conform to the specifications, tolerances, and other technical requirements of the National Bureau of Standards Handbook 44 and any amendments to it, except as otherwise stated in the Maryland Department of Agriculture regulations pertaining to farm milk tanks.

Regulation .04 Manner of Testing for Milk Fat Content.Link Copy Citation

Only procedures approved by the Association of Official Analytical Chemists or American Public Health Association and adopted or prescribed by the Secretary may be used. The Babcock Test or the automated light-scattering method for determining milk fat content of raw, unhomogenized milk are adopted as procedures for the determination of the milk fat content of milk as a basis of payment to producers.

Regulation .05 Samples.Link Copy Citation

Samples—General. The samples referred to in the Agriculture Article, §11-409, Annotated Code of Maryland, may be either fresh or time composite. Immediately before any sample is drawn from any container, the contents of the container from which it is drawn shall be thoroughly mixed for a minimum of 5 minutes. A weigh tank, farm milk tank, or other container from which a sample is to be drawn may not have any partition, division, or strainer which divides it, in any way, into more than one compartment. Each sample shall be put into a container of a type, labeled and stored in a manner, and at a temperature specified by the Secretary. Samples shall, at all times, be under the control of a person licensed as a weigher and sampler or as a weigher, sampler, and tester by the Secretary.

Sampling Procedures—Fresh Samples. When fresh samples (as opposed to time composite samples) are obtained for possible use as the basis of milk fat percentage determinations for producer payment, a representative sample shall be obtained and labeled in a manner approved by the Secretary. The representative sample will be drawn at the time milk is obtained from each producer's farm milk tank, but only by a person licensed under these regulations by the Secretary. A licensee will deliver the sample, with the producer's product, to the appropriate stationary receiving station.

Fresh Samples. When a permit holder or licensee uses fresh samples, a representative sample shall be tested at least 3 times each month for each producer. The sample shall be tested within a period of 1 day after being drawn, if possible, but never later than 3 days after initially being obtained by a licensee. The residue of the representative sample shall be held on the premises where tested in a manner to maintain it suitable for any testing by the Secretary for an additional period of not less than 2 working days. Fresh representative samples shall be of such size that the residue, for any test by the Secretary, shall be sufficient to make two tests. Samples obtained from milk delivered on consecutive days may not be used for tests in determining producer payments.

Fresh Sample Bottles. The sample bottle type for fresh samples may be of a proper style with screw-type, well-fitting, impervious caps or other approved style. Each sample container shall be clearly and distinctly marked with the producer's name or number.

Care of Fresh Samples. Samples shall be maintained, at all times, in an upright position and shall be refrigerated at a temperature not in excess of 40 degrees F or below a temperature which would result in freezing.

Sampling Procedures—Time Composite Samples. When using time composite samples as the basis of determination for producer payment, a representative fresh sample will be drawn at the time milk is obtained from each producer's farm milk tank and only by a person licensed by the Secretary in accordance with these regulations. A portion of the representative fresh sample shall be incorporated into an acceptable composite bottle and properly maintained at the appropriate stationary receiving station. The proportionate amount of the representative fresh sample incorporated into the composite bottle each day of shipment will be governed by the relative amount of milk shipped by the producer each day so that an accurate proportion will be established in the time composite sample.

Time Composite Samples. When using or developing time composite samples, a representative and correctly proportionate sample shall be taken from each delivery of each producer (as indicated in §F, above) and shall encompass a period of not more than 16 days. The samples shall contain the correct amount and kind of preservative prescribed by the Secretary. The time encompassed by these composite samples shall be the same for all producers at the same stationary receiving station. All time composite samples shall be tested within 3 working days following the close of the period encompassed by the samples. After all time composite samples have been tested, their residue shall be held on the premises where tested and in a manner to maintain them suitable for testing by the Secretary. These samples shall be held and properly maintained for a period of not less than 7 days. Time composite samples shall be of such adequate size that the residue for testing by the Secretary shall be sufficient for two tests.

Bottles for Time Composite Samples. Bottles used for time composite samples shall be clearly labeled with the name or number of the producer. The label shall be permanently attached to the bottle, or to the stopper provided the stopper is permanently attached to the bottle. Attaching the stopper to the bottle by means of a chain or collar is acceptable. Whenever time composite samples are used, the composite bottle shall be of more than sufficient capacity to contain the total volume of the daily proportionate amount of representative samples for the maximum number of days encompassed by the time composite sample. The composite bottle shall be of a type that can be tightly stoppered so as to prevent evaporation or the entrance of water and may not contain a recessed pouring lip. Stoppers shall be of rubber, glass, or other approved nonabsorbent material. Cork may not be used.

Preservation of Time Composite Samples.

(1)

Time composite samples shall be preserved with the recommended quantity of mercuric chloride (corrosive sublimate) or another approved preservative. To aid in dissolving the preservative, necessarily used with a time composite sample, the sample shall be gently shaken or rotated when adding the first proportionate amount of the representative sample obtained from the producer.

(2)

Thereafter, shaking will be avoided and held to a minimum upon the addition of the subsequent proportionate amounts of representative samples to prevent:

(a)

Depositing cream on the walls of the container above the level of the sample; and

(b)

Churning the sample.

(3)

Since the addition of the preservative makes the milk somewhat more difficult to test, the tester should use additional precautions when testing preserved samples to insure proper test results.

Loss of Sample.

(1)

Fresh Sample. When the fresh representative sample (as indicated in §B of this regulation) is destroyed or the test results are unsatisfactory, the next consecutive representative sample obtained should be tested.

(2)

Time Composite Sample. When the time composite sample is destroyed or the results of the test are unsatisfactory, fresh representative samples from the next three consecutive shipments for every-other-day shippers (producers), or the next five shipments on an every-day basis shall be tested. The payment to the producer may then be adjusted in accordance with the average of the test of the fresh representative samples.

Unsatisfactory Product for Use as Samples or for Testing. Milk, cream, or other fluid dairy products which have been churned or frozen will not be acceptable for use in either fresh sample testing or time composite sample testing.

Cream.

(1)

All cream shall be uniformly and thoroughly stirred before sampling.

(2)

A permanent record shall be made of each producer's cream and the record shall show the:

(a)

Date;

(b)

Name or number of the producer;

(c)

Quantity of cream, in pounds; and

(d)

Test results.

(3)

The person sampling the cream and keeping the required records shall be licensed by the Secretary in accordance with these regulations.

(4)

When a producer has two or more containers of cream in any one delivery or shipment, a separate weight and test shall be made of each container.

(5)

Composite samples may not be used in testing for fat content of cream when the results of the test are used for payment to the producers.

Testing Cream Samples. Representative samples of cream shall be tested within 24 hours after they have been obtained by a licensee. Subsequent to testing, the licensee shall retain a sufficient amount of the sample to permit at least two tests by the Secretary. These samples shall be held for 2 working days after the licensee has completed the test.

Test Methods for Cream Samples. When the Babcock method is used for testing cream, the following procedures are acceptable:

(1)

To 9 grams of cream, add sufficient sulphuric acid (specific gravity 1.82-1.83) to produce a dark chocolate brown color;

(2)

Shake thoroughly and add approximately 5 to 10 milliliters of hot water to stop the action of the acid, swirl the water into the mixture with one or two swirling motions;

(3)

Centrifuge the material for 5 minutes, add water to bring the fat completely up into the neck of the bottle;

(4)

Continue to centrifuge for an additional 1 minute, place the bottle in a hot water bath at 135 degrees—140 degrees F for not less than 5 minutes, add glymol and read the indications in the bottle neck.

Cream Test Scales and Accompanying Weights.

(1)

All scales and any weights, used in conjunction therewith, for weighing cream, milk, or other fluid dairy products shall meet all applicable specifications, tolerances, and other technical requirements as published in National Bureau of Standards Handbook 44 and any amendments to it.

(2)

A permit holder or licensee shall take adequate precautions consistent with the degree of use and environment to insure that all weighing equipment conforms to all applicable requirements of National Bureau of Standards Handbook 44 in addition to insuring that the equipment is maintained in a clean condition.

(3)

A permit holder or licensee may not use or permit to be used a cream test scale or balance designed to accommodate more than four cream test bottles at any one time.

Regulation .06 Correct Weight, Measure and Test.Link Copy Citation

Conversion of Volume to Weight. When a volume of raw unhomogenized milk is converted to weight, it shall be on the basis of 8.6 pounds per gallon.

Weighing and Measuring Device Requirements. Weighing and measuring devices used for determining the weight and measure of milk or other fluid dairy products, when the weight or measure is used as the basis of payment, shall meet all specifications, tolerances, and other technical requirements of National Bureau of Standards Handbook 44 and any amendments to it. All weighing and measuring devices are subject to test and inspection by the Secretary as often as deemed necessary.

Manifest Tag, Quantity Ticket and Record Keeping. The quantity of a lot of milk or other fluid dairy products shall be determined by a person licensed under these regulations and shall be correctly entered on a manifest tag or quantity ticket with the producer's name or number and the date the quantity is determined. When the information recorded on a manifest tag or quantity ticket is transferred to a permanent record, the manifest tag or quantity ticket shall be kept on file for 12 months from the date the information is entered on the permanent record, at a place designated on the permit application. During the 12-month period, the indicated record and manifest tag or quantity ticket shall be open to inspection by the Secretary at all reasonable times.

Regulation .07 Producer Receipts and Records.Link Copy Citation

Records to be Properly Maintained. Immediately after the milk or other fluid dairy product is weighed, sampled, measured, or tested, a permanent record shall be made by a person licensed under these regulations. The record shall include any and all information that may be required. The portion of the record relating to the milk or other fluid dairy products produced by any person shall be open to inspection by that person or his agent at any and all reasonable times.

Notification to Producer. The purchaser or appropriate permit holder shall notify the producer of the results of any individual test within 3 working days after the test is accomplished. If the test is made by the producer's agent, however, the agent shall notify the producer of the results of the individual test on or before the date of settlement for the milk or other fluid dairy products involved. The purchaser or purchaser's agent shall, at each and every time of settlement with the producer, give the producer a statement showing the quantity of milk or other fluid dairy products delivered by the producer to the purchaser during the period for which the settlement is made. When the payment is made on a basis of test, statements shall show the average percentage of the tests and the unit used as the basis for the determination of the amount of the payment. The records of the payment shall be kept on file for a period of 12 months.

Regulation .08 Agreement with Other States.Link Copy Citation

When milk is transferred from farm milk tanks located in Maryland to any mobile receiving station for transportation directly to purchasers located in other states, sampling and testing procedures required by the state in which the purchaser is located, may be used as a basis for payment to the Maryland producer if the out-of-state weighing, measuring, sampling, and testing procedures are substantially equivalent to the procedures required by the Secretary and if prior permission is obtained from the Secretary.

Permission to use out-of-state weighing, measuring, sampling, and testing procedures as a basis of payment to Maryland producers will be denied where the procedures are not substantially equivalent to the procedures required by the Secretary.

A request for this permission should be made, in writing, to the Secretary giving the names and addresses of Maryland producers who will be operating under the arrangement and, in addition, the name and the address of the purchaser.

Even when this permission is granted, the licensing and permit regulations for mobile receiving station operators and mobile receiving stations obtaining milk from farm milk tanks located in Maryland shall remain in effect with respect to any such arrangement. Any milk delivered to milk plants or stationary receiving stations located in Maryland from producers involved in any such arrangement is subject to Maryland regulations.

Chapter 06. Calibration and Operation of Automated Testing Equipment Used to Determine Fat Content of Raw Unhomogenized Milk

Regulation .01 Purpose.Link Copy Citation

These regulations are to prescribe the methods of calibrating and operating automated testing equipment authorized to be used to measure the milk fat content of raw, unhomogenized milk.

Regulation .02 Application.Link Copy Citation

These regulations shall apply to any automated testing equipment used at any time for the purpose of measuring milk fat content in raw, unhomogenized milk when the results are to be used as the basis for payment to milk producers.

Regulation .03 Authority.Link Copy Citation

In accordance with the authority of the Secretary to promulgate regulations to regulate the receiving, weighing, measuring, sampling, and testing of milk or other fluid dairy products when the results are to be used as a basis for payment to the producer of the products as contained in Title 11 of the Agriculture Article of the Annotated Code of Maryland, these regulations are adopted as regulations of the Maryland Department of Agriculture.

Regulation .04 Definitions.Link Copy Citation

“Automated testing equipment” means any contrivance, machine, or device manufactured for the purpose of measuring the milk fat content of milk or other fluid milk products within the design of the instrument, and approved by the Association of Official Analytical Chemists (AOAC).

“Cooperative” means a corporation or association as defined and construed in the Corporations and Associations Article, §5-501, Annotated Code of Maryland. A cooperative shall be deemed a producer within the provisions of these regulations and shall be entitled to their benefits.

“Department” means Maryland Department of Agriculture.

“Equipment operator” means a person licensed to operate automated testing equipment in accordance with these regulations.

“Person” includes:

(1)

The State, any county, municipal corporation or other political subdivision of the State, or any of its units;

(2)

An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;

(3)

Any partnership, firm, association, public or private corporation; or

(4)

Any other entity, unless otherwise provided.

“Producer” means any person who owns, controls, or operates a dairy herd for the production of milk to be sold or offered for sale.

“Purchaser” means any person who pays the producer or the person who pays a cooperative association representing the producers for the milk or other fluid dairy products.

“Reference method” means the method of testing milk for milk fat content that is known as the Babcock Test, provided, that for the purposes of these regulations, all measurements obtained by the Babcock Test shall be read to the nearest .05 percent.

“Sample” means that representative portion of the producer's shipment that is drawn and placed into a container approved by the Department and used for an analysis of milk constituent content on which payment to the producer may be based.

“Secretary” means Secretary of Agriculture or the Secretary’s designee.

“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 their official publication and adopted by the Department, which is used to determine the amount of any milk constituent in any sample of milk or other fluid dairy product. The results of the analysis shall also be referred to as a test.

Regulation .05 Licensing Requirements.Link Copy Citation

A person may not operate any automated testing equipment for the purposes of determining the milk fat content of milk for payment purposes to the producer unless licensed by this Department.

Any person testing milk for the purpose of controlling the accuracy of the automated testing equipment shall also be licensed by the Department to test milk for milk fat content by the reference method.

Regulation .06 Calibration of Equipment.Link Copy Citation

Initial Calibration. Any person seeking to use automated testing equipment for measuring milk fat content in raw, unhomogenized milk as a basis of payment to producers shall first cause the equipment to be calibrated in accordance with these regulations. The Department shall be notified at least 10 State working days before initial calibration is to be conducted. The initial calibration may be performed only after the equipment has been installed and stabilized as approved by the Secretary. The initial calibration shall be performed by the equipment operator under the supervision of the Secretary, in accordance with the procedures approved by the Secretary. Subsequent calibrations shall be performed by the equipment operator in accordance with procedures approved by the Secretary, but need not be under the supervision of the Secretary.

Method of Calibration.

(1)

The equipment operator shall obtain 20 representative samples of natural herd milk which have not been adjusted with skim milk, cream, or any other substance. Each sample shall be a representative mixture of the milk from any herd containing at least 20 cows milking.

(2)

The collection and handling of the 20 representative samples shall be uniform and in accordance with milk sample handling procedures as set forth in the regulations of the Department.

(3)

The milk fat content of the samples to be used as the natural herd milk samples shall be distributed within the ranges of 3 percent to 6 percent of milk fat and, if possible, reflect the expected milk fat content of the milk to be tested by the equipment.

(4)

The samples shall be first tested for milk fat content using the reference method. Each sample shall be tested in triplicate. These samples shall then immediately be tested using the automated testing equipment and shall be tested in triplicate, using the automated testing equipment. All testing of the samples for purposes of calibration shall be completed within 24 hours from the time the samples were collected from the producer.

(5)

The milk fat content for each sample as measured by the reference method shall be determined by taking the average of the three tests by that method. The three tests conducted using the automated testing equipment shall be averaged for each sample to determine its milk fat content as measured by that method. All averages shall be computed to the nearest 0.01 percent.

(6)

Any sample, in which the fat content as measured by either method varies more than 0.10 percent during the course of being tested three times, may not be used in calculating the standard deviation of difference (Sd).

(7)

The standard deviation of difference (Sd) shall be computed by using the averages of at least 18 of the 20 samples tested and applying the (Sd) formula used by the AOAC.

(8)

The maximum allowable average difference (D) and the standard deviation of difference (Sd) between the results obtained by using the reference method and the results obtained by using the automated testing equipment may not exceed those established by the AOAC for the make and model of automated testing equipment used. Only automated testing equipment meeting these standards may be used to measure the milk fat in milk as a basis of determining the payment to producers.

Regulation .07 Operating Procedures.Link Copy Citation

Once the automated testing equipment has been calibrated in accordance with the initial calibration procedures provided in these regulations, it may be used to determine the milk fat content of raw unhomogenized milk, provided it is operated in compliance with the following procedures:

Control Milk Samples. Milk samples to be used as control milk samples shall be prepared in accordance with the following procedures:

(1)

Eight samples of natural herd milk shall be prepared in accordance with Regulation .06.

(2)

These eight samples shall be tested three times by the reference method. The milk fat content of each sample shall be determined by averaging the results of the three tests to the nearest 0.01 percent. They shall contain a milk fat content within the range being tested by the equipment.

(3)

The samples shall then be tested immediately by the automated equipment. The results of the three tests for each sample shall be averaged as provided in §A(2), above.

(4)

If the standard deviation of difference between the average of the results obtained using the two methods does not exceed 0.06 percent, the equipment may continue to be used. If the (Sd) exceeds 0.06 percent, the equipment shall cease being used and be inspected to determine why the (Sd) exceeds this limit, be repaired, if necessary. and then recalibrated in accordance with the initial calibration procedures as set forth in Regulation .06 of this chapter. The Department need not be notified as to this recalibration.

(5)

All control milk samples prepared shall be stored at temperatures between 35 degrees—40 degrees F. A control milk sample may not be used beyond 7 days from the date of its preparation.

Daily Performance Checks. At the beginning of each day in which the automated testing equipment is to be used, the following tests shall be conducted:

(1)

Upon proper zero adjustment, a performance check shall be made by measuring a control milk sample four times in the automated testing equipment. The results of the first two tests shall be disregarded and the results of the last two tests shall be averaged to the nearest 0.01 percent.

(2)

If in the performance check the difference between the milk fat content of the control milk sample and the averaged results of the two tests conducted using the automated testing equipment (D) is greater than 0.06 percent milk fat, the determination shall be repeated using three additional control milk samples, each of which shall be tested in duplicate.

(3)

If the difference (D) of any of the three additional samples is again greater than 0.06 percent milk fat, then the equipment shall be recalibrated according to the procedures provided for initial calibration as provided in Regulation .06.

Regulation .08 Use of Automated Testing Equipment to Determine the Basis of Payment to Producers.Link Copy Citation

When the automated testing equipment is being used to determine the milk fat content of milk as a basis of payment to producers, a control milk sample will be tested by the automated testing equipment once every hour of its operation or once every 50 samples tested, whichever occurs first. If the difference between the milk fat content as measured by the equipment and the milk fat content of the control milk is 0.06 percent or less, the equipment may be continued in use as a basis of measuring milk fat content to determine payments to producers. If the difference is greater than 0.06 percent, the equipment shall cease being used for this purpose and shall be checked in accordance with Regulation .07, above. All test results obtained from the equipment subsequent to the last acceptable check as provided by this regulation as well as all payments to producers based on these tests shall be void. The equipment may not be used for determining payments to producers until it shall have been checked and calibrated, if necessary, in accordance with Regulation .07, above.

Required Records. When automated testing equipment is used to determine payments to producers, the following records shall be maintained on file for a period of 12 months, at the facility where the instrument is operated:

(1)

Initial and subsequent calibrations, including the worksheet used in computing the standard deviation;

(2)

Results of tests used as a basis of payment to producers;

(3)

Control milk test results required by Regulation .07A, above;

(4)

Daily performance checks;

(5)

Machine adjustments;

(6)

Major maintenance reports;

(7)

Other procedural records required by the Department;

(8)

Records of the preparation of control milk samples as required by Regulation .03.

Regulation .09 Inspection.Link Copy Citation

All automated testing equipment and required records shall be available for examination by the Department during any business hours.

Chapter 07. Fees Charged to Test Standards and Other Equipment Used by Technicians

Regulation .01 Purpose.Link Copy Citation

These regulations set forth the fees that the Department will charge to test the standards of weights and measures and other appropriate equipment possessed and used by any technician and any agency engaged in the maintenance and repair of weighing and measuring devices.

Regulation .02 Cast Iron and Steel Weights — NIST Class F/ASTM Class 5,6,7.Link Copy Citation

The Department shall charge the following fees to test cast iron and steel weights (NIST Class F/ASTM Class 5,6,7):

If the weight is less than or equal to 50 pounds or 20 kilograms, the fee is $12 a unit;

If the weight is greater than 50 pounds but less than or equal 1,000 pounds, the fee is $28 a unit; and

If a weight requires adjustment, the adjustment fee is $9 a unit.

Regulation .03 Test Weight Sets— NIST Class F/ASTM Class 5,6,7.Link Copy Citation

The Department shall charge the following fees to test a Class F tolerances test weight set provided, however, that the set does not have a total capacity that is greater than 50 pounds or 20 kilograms:

If the number of weights in the set is less than or equal to 18, the fee is $80 a set;

If the number of weights in the set is greater than 18 but less than or equal to 36, the fee is $120 a set;

If the number of weights in the set is greater than 36 the fee is $5 a unit; and

If a weight requires adjustment, the adjustment fee is $9 a unit.

Regulation .04 Other Weighing Services — NIST Class F/ASTM Class 5,6,7Link Copy Citation

The Department may provide other weighing services not otherwise noted in this chapter at a rate of $75 an hour

Regulation .05 Equipment Refurbishing.Link Copy Citation

If equipment needs refurbishing before it can be tested and if the Department agrees to refurbish the equipment, the Department shall do this work at the rate of $60 an hour.

Regulation .06 Weight-Moving Equipment for Vehicle Scales.Link Copy Citation

The Department shall charge $140 a unit to test weight-moving equipment for vehicle scales.

Regulation .07 Mass Laboratory Standards.Link Copy Citation

The Department shall charge the following fees to test mass laboratory standards:

If the standard is less than or equal to 5 kilograms, the fee is $25 a unit;

If the standard is greater than 5 kilograms but less than or equal to 30 kilograms, the fee is $60 a unit; and

If the standard is greater than 30 kilograms but less than or equal to 600 kilograms, the fee is $125 a unit.

Regulation .08 Other Services Related to Laboratory Standards of Mass.Link Copy Citation

The Department shall provide other services related to laboratory standards of mass at a rate of $100 an hour.

Regulation .09 Volumetric Field Standards—Volume Transfer.Link Copy Citation

The Department shall charge the following fees to test volumetric field standards:

If the standard is less than or equal to 5 gallons, the fee is $45 a unit;

If the standard is greater than 5 gallons but less than or equal to 20 gallons, the fee is $70 a unit;

If the standard is greater than 20 gallons but less than or equal to 200 gallons, the fee is $180 a unit; and

If the standard is for measuring liquefied petroleum gas between 20 gallons and 125 gallons, the fee is $350.

Regulation .10 Other Volumetric Calibrations—Volume Transfer.Link Copy Citation

The Department shall perform other volumetric calibrations not otherwise noted in this chapter at a rate of $75 an hour.

Regulation .11 Volumetric Laboratory Standards—Gravimetric.Link Copy Citation

The Department shall charge the following fees to test volumetric laboratory standards:

If the standard is less than or equal to 1 gallon the fee is $38 each;

If the standard is greater than 1 gallon but less than or equal to 5 gallons, the fee is $120 each.

Regulation .12 Other Volumetric Calibrations—Gravimetric.Link Copy Citation

The Department shall perform other volumetric calibrations not otherwise noted in this chapter at a rate of $100 an hour.

Regulation .13 Thermometry and Calibration Services.Link Copy Citation

The Department shall perform thermometry and calibration services at a rate of $65 an hour.

Regulation .14 Environmental Chamber Services.Link Copy Citation

For performing environmental chamber services, the Department shall charge as follows:

$250 per device for use of the chamber; and

$45 per hour for each technician required for testing the device.

Regulation .15 Linear Measures Testing.Link Copy Citation

The Department shall test linear measures at the following rates:

The fees for testing shall be $15 each test point; and

The fee for testing other linear devices shall be $50 an hour.

Chapter 08. Registration of Commercial Weighing and Measuring Devices

Regulation .01 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Department” means the Maryland Department of Agriculture.

(2)

“Person” includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(3)

“Secretary” means the Secretary of Agriculture or the Secretary's designee.

(4)

“Weight and measure” means any instrument or device used in determining:

(a)

The weight, measurement, or count of any commodity sold or offered or exposed for sale, on the basis of weight, measure, or count;

(b)

Any charge or payment for services rendered on the basis of weight, measurement, or count;

(c)

Weight, measurement, or count when a charge is made for the determination.

Regulation .02 Registration Requirement.Link Copy Citation

A person may not use or possess for current use a weight and measure unless it is registered with the Secretary as provided by this chapter.

The registration requirement of this chapter does not apply to a scale known as a “counting scale” which is designed by the manufacturer and used by the possessor or owner solely for determining the number or count of objects of the same weight placed in or on the counting scale's load-receiving element.

It is the responsibility of the user or possessor of a weight and measure to properly register the weight and measure with the Secretary as provided by this chapter.

Regulation .03 Application and Renewal Procedure.Link Copy Citation

An applicant for registration or renewal of a registration of a weight and measure shall:

Submit to the Secretary an application on a form that the Secretary provides; and

Pay to the Secretary the applicable nonrefundable registration fee provided in Regulation .05 of this chapter.

Regulation .04 Registration Terms and Conditions.Link Copy Citation

Unless renewed as provided by Regulation .03 of this chapter, a registration for a weight and measure expires on May 31 of each year.

A registration issued by the Secretary applies only to the original weight and measure as described in the registration unless the possessor notifies the Secretary that the originally described weight and measure has been replaced by a weight and measure of the same class.

If the owner or possessor sells a registered weight and measure to another person, the new owner or possessor shall register the weight and measure as required by Regulation .03 of this chapter.

If the owner or possessor moves a weight and measure to a new business location, the owner or possessor shall notify the Secretary within 30 days of moving the weight and measure.

The owner or possessor of a weight and measure shall display the registration conspicuously at each place of business where the weight and measure is located.

Regulation .05 Fees for Classes of Weights and Measures.Link Copy Citation

The Department's fees for registering each class of weight and measure used for commercial purposes under this subtitle are as follows:

Scale with a capacity of up to 100 pounds—$25 for each scale, plus $75 for each business location;

Scale with a capacity of more than 100 pounds, up to 2,000 pounds—$100;

Scale with a capacity of more than 2,000 pounds—$125;

Belt conveyor scale—$350;

Railroad track scale—$350;

Vehicle scale—$350;

Grain moisture meter—$150;

Retail motor fuel dispenser meter of under 20 gallons per minute—$20 each for each meter, plus $75 per business location;

Retail motor fuel dispenser meter of 20 gallons per minute or more—$65;

Retail DEF dispensers—$20 per meter;

Bulk petroleum fuel vehicle mounted meter of 20 gallons per minute or more—$100;

Bulk petroleum fuel meter stationary—$100;

Liquefied petroleum meter of 3/4 inch diameter or less—$100;

Liquefied petroleum gas meter 3/4 inch—2 inch diameter—$125;

Liquefied petroleum gas meters greater than 2 inch diameter—$150;

Point of sale system, as defined by the National Institute of Standards and Technology (NIST) Handbook 44, connected to a weighing or measuring device (per business location)—$125;

Electrical Vehicle Service Equipment—$150 per port;

Mass Flow Meters—$330 per meter; and

Device registration fee 30 days or more delinquent—$125 per account.

Regulation .06 Registration Denial, Suspension, or Revocation.Link Copy Citation

Subject to the provisions of the Administrative Procedure Act, the Secretary may deny, suspend, or revoke the registration for a weight and measure if:

The owner or possessor fails to comply with the requirements of this chapter;

The weight and measure does not meet the requirements of Agriculture Article, §§11-101—11-414, Annotated Code of Maryland;

An owner or possessor uses the weight and measure in violation of Agriculture Article, §§11-101—11-414, Annotated Code of Maryland, or in violation of any regulation adopted by the Secretary under the Maryland Weights and Measures Law.

Regulation .07 Criminal Penalty; Stop Use Order.Link Copy Citation

A person who fails to comply with this chapter or who uses or possesses an unregistered weight and measure is subject to a criminal penalty, including a stop use order by the Secretary.

Chapter 09. Approval and Type Evaluation Requirements

Regulation .01 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Certificate of Conformance” means a document which the National Conference on Weights and Measures issues as evidence that a weighing and measuring device was evaluated under the National Type Evaluation Program and found to comply with the applicable technical requirements of National Institute of Standards and Technology Handbook 44.

(2)

“Counting scale” means a scale designed and used solely to indicate the number or count of objects placed in or on the scale's load receiving element.

(3)

“Maryland Certificate of Approval” means a document which the Maryland Department of Agriculture issues as evidence that a weighing and measuring device was evaluated under the State Type Evaluation Program and found to comply with the applicable technical requirements of National Institute of Standards and Technology Handbook 44.

(4)

“National Type Evaluation Program” means the uniform testing program managed by the National Conference on Weights and Measures for evaluating, at participating laboratories, whether a weighing and measuring device complies with the applicable technical standards of National Institute of Standards and Technology Handbook 44.

(5)

“Participating laboratory” means a measurement laboratory that has been certified by the National Conference on Weights and Measures to conduct type evaluations under the National Type Evaluation Program.

(6)

“Type” means a model or models of a particular measurement system, instrument, element, or a field standard that positively identifies the design. A specific type may vary in its measurement ranges, size, performance, and operating characteristics as specified in the Certificate of Conformance or Maryland Certificate of Approval.

Regulation .02 Approval and Certificate Requirements.Link Copy Citation

Except as otherwise provided in §§C and D of this regulation, a person may not offer for sale, sell, or use a commercial weighing and measuring device in this State unless it has been approved by the Secretary.

The Secretary shall approve a weighing and measuring device for sale or use in this State if it:

(1)

Has a valid Certificate of Conformance or a Maryland Certificate of Approval; and

(2)

Is not otherwise prohibited for sale or use as provided under Regulation .04 of this chapter.

The limitation that a weighing or measuring device be approved by the Secretary before a person may offer it for sale, sell, or use it in this State does not apply to the following devices:

(1)

A commercial weighing and measuring device manufactured before October 1, 1992;

(2)

A counting scale;

(3)

A weighing or measuring device that the Secretary has approved previously and whose approval has not been revoked; and

(4)

A noncommercial weighing or measuring device such as an estimator.

If a weighing or measuring device does not have either of the requisite certificates but is accurate, the Secretary may permit the device's use for a specified period of time, provided, however, the device is:

(1)

Submitted for evaluation under the State or National Type Evaluation Program; or

(2)

Replaced with an approved device within the specified period of time.

Regulation .03 Type Evaluation.Link Copy Citation

The Secretary shall establish a State Type Evaluation Program and provide type evaluation services for weights and measures to be offered for sale, sold, or used in Maryland.

If the Department's laboratory is certified as a participating laboratory, the Secretary may provide type evaluation services for weights and measures under the National Type Evaluation Program.

As provided under Regulation .05, the Secretary shall charge fees for all services it performs in the type evaluation process and for the use of equipment and laboratory facilities involved in the completion of a device evaluation.

When submitting a weighing and measuring device for evaluation, a person shall indicate whether it is to be tested under the State or National Program.

When evaluating a weighing and measuring device under either the State or National Type Evaluation Program, the Secretary shall follow the National Type Evaluation Program's uniform type evaluation criteria and test procedures.

If the Secretary finds that the device complies with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44, the Secretary shall:

(1)

Notify the National Conference on Weights and Measures if the device is being evaluated under the National Program; or

(2)

Issue a Maryland Certificate of Approval for the device if it is being evaluated under the State Program.

If a weighing and measuring device does not comply with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44, the Secretary shall notify the applicant of this finding.

A Maryland Certificate of Approval is appropriate under the following circumstances:

(1)

When a Certificate of Conformance cannot be issued for a device because there are no current uniform type evaluation criteria and test procedures; or

(2)

When the device's use is limited to Maryland.

Regulation .04 Denying or Revoking Approval.Link Copy Citation

The Secretary may deny or revoke approval to sell or use a weighing and measuring device if the Secretary determines that:

(1)

The owner or manufacturer has provided false or misleading information about the device;

(2)

The device does not comply with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44 or any other requirement of this chapter; or

(3)

The owner or manufacturer has not paid the Secretary the cost of conducting a type evaluation service for that device.

Before denying or revoking approval to sell or use a weighing and measuring device, the Secretary shall afford the owner or manufacturer of the device notice and an opportunity to be heard.

Regulation .05 Fees.Link Copy Citation

After receiving a request to conduct a type evaluation for a weighing and measuring device, the Secretary shall inform the applicant of the estimated cost to conduct this service.

Upon request by the Secretary, the applicant shall prepay the estimated cost to conduct the type evaluation service. If after completing this service the Secretary finds that the actual cost is greater than the estimated cost, the applicant shall pay the Secretary the difference. On the other hand, if the actual cost is less than the estimated cost, the Secretary shall refund the difference to the applicant.

For performing type evaluation under either the State or National Program, the Secretary shall charge the following fees:

(1)

Technical services and evaluations —$150 per hour;

(2)

Environmental chamber services —$450 per device;

(3)

Certificate of Conformance drafting fee — $500;

(4)

Trailer-mounted provers, 200 gallon capacity —$75 per day plus 45 cents per mile;

(5)

Trailer-mounted provers, 1000-gallon capacity —$200 per day plus 65 cents per mile;

(6)

Large scale test unit —$400 per day plus $3 per mile;

(7)

Van or sedan —67 cents per mile;

(8)

1-ton truck —$1 per mile; and

(9)

Travel costs —$100 per hour full reimbursement from Annapolis, Maryland, and daily Maryland per diem for meals.

Chapter 10. Civil Penalty Standards for Weights and Measures

Regulation .01 Scope.Link Copy Citation

This chapter establishes standards for imposing civil penalties against a person who violates any provision of Agriculture Article, Title 11, Annotated Code of Maryland, or any regulation adopted under that title.

Regulation .02 Assessment of Civil Penalty.Link Copy Citation

Instead of pursuing criminal charges, the Secretary may impose a civil penalty as provided under Regulation .03 of this chapter on a person who:

Uses an uninspected or unapproved weight and measure for:

(1)

Buying or selling any commodity or object,

(2)

Hire or award,

(3)

Computing any charge or payment for services rendered on the basis of weight or measurement, or

(4)

Determining any weight and measure for a charge;

Disposes of any rejected or condemned weight or measure in a manner contrary to law or rule or regulation;

Uses in retail trade, except in the preparation of medical prescriptions or packages put up in advance of sale, a weight or measure which is not so positioned that its indications may be accurately read and the weighing or measuring operations observed from some position which reasonably may be assumed by a customer;

Violates any provision of Agriculture Article, Title 11, Annotated Code of Maryland, or any regulation adopted under that title;

Sells, or offers or exposes for sale, less than the quantity represented of any commodity, object, or service;

Takes more than the quantity represented of any commodity, object, or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, object, or service is determined;

Misrepresents a weight, measurement, or count affecting any purchase, sale, award, or amounts paid or charged for a service;

Impersonates in any way the Secretary, or uses the Secretary's seal or a counterfeit of it in any manner;

Removes from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed by the Secretary;

Uses, sells, offers, or exposes for sale or hire, or possesses for the purpose of using, selling, or hiring an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure;

Manipulates or in any manner renders a weight or measure to a state calculated to deceive or defraud anyone; or

Advertises any agricultural product as local or locally grown in violation of COMAR 15.01.09.

Regulation .03 Classification of Violations for the Purpose of Determining Penalties.Link Copy Citation

In this regulation, “violation” means a criminal conviction or an administrative finding that a person has committed one of the acts referenced under Regulation .02 of this chapter.

For a violation of an act referenced under Regulation .02 of this chapter, a civil penalty may be imposed by the Secretary considering the nature and gravity of each violation consistent with the following standards:

(1)

For the first violation, a penalty of not more than $500;

(2)

For the second violation, a penalty of not more than $1,000;

(3)

For the third and any subsequent violation, a penalty of not more than $2,000.

Regulation .04 Payment of Penalty.Link Copy Citation

Unless a stay has been granted, a person against whom a civil penalty has been imposed under this chapter shall pay the amount of the penalty promptly to the Department within the time specified in the Department's notice to that person, or as otherwise agreed upon by the Department and the person.

Regulation .05 Appeal.Link Copy Citation

A person may appeal the Secretary's decision to impose a civil penalty as provided in Agriculture Article, §2-405, Annotated Code of Maryland. The person shall be notified of this right to appeal.

Chapter 11. Qualifications for Registration of a Service Technician and Service Agency

Regulation .01 Scope and Purpose.Link Copy Citation

This chapter describes the Department's voluntary registration of service technicians and service agencies. This certification program is intended to allow owners of commercially used weighing and measuring devices to immediately place into service devices that have been installed, serviced, or repaired by a service technician or service agency registered with the Department.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

Commercial Weighing and Measuring Device.

(a)

“Commercial weighing and measuring device” means any weighing or measuring device commercially used:

(i)

In establishing size, quantity, extent, area, or measurement of products for distribution or consumption which are purchased, offered, or submitted for sale, hire, or award; or

(ii)

In computing any basic charge or payment for services rendered.

(b)

“Commercial weighing and measuring device” includes any accessory attachment to or used in connection with a commercial weighing or measuring device if the accessory is designed or installed so its operation may affect the accuracy of the device.

(2)

“Department” means Maryland Department of Agriculture.

(3)

“Device” means a weighing and measuring device.

(4)

“NIST” means the National Institute of Standards and Technology.

(5)

“NTEP” means the National Type Evaluation Program.

(6)

“Person” means any individual, corporation, partnership, association, firm, or other business entity.

(7)

“Registered service agency” means a person that:

(a)

Is registered with the Department as a service agency;

(b)

Installs, services, or repairs a commercial weighing or measuring device; and

(c)

Employs registered service technicians who have the authority to place devices into service.

(8)

“Registered service technician” means an individual who:

(a)

Is certified by the Department as a service technician;

(b)

Installs, services, or repairs a commercial weighing or measuring device; and

(c)

Has the authority to place devices into service.

(9)

Secretary" means the Secretary of Agriculture or the Secretary’s designee.

Regulation .03 Application.Link Copy Citation

A person seeking certification shall obtain the appropriate form from, and make application to, the Department. An applicant shall pay a one-time application fee of $25 and provide the following information in an application:

(1)

Name of the applicant or service agency;

(2)

Principal business address of the applicant or service agency;

(3)

Whether the applicant has a previous or current registration with any state government relating to service technicians or service agencies;

(4)

Whether the applicant has ever had a registration suspended or revoked;

(5)

Any other information the Department considers necessary to determine qualification for receipt of a certificate of registration; and

(6)

A copy of the current certification of all standards used in the repair, service, or testing of weighing and measuring devices in Maryland.

The Secretary has the authority to accept or reject any application for certificate of registration.

Regulation .04 Qualifications for Registration.Link Copy Citation

Registered Service Technician. An applicant seeking to become a certified service technician shall:

(1)

Except as provided in §B of this regulation, pass a written examination for each type of weighing and measuring device the applicant intends to install, service, repair, or pass and provide certification of National Council on Weights and Measures Registered Service Agency Exams.

(2)

Possess a working knowledge of weighing and measuring devices for which the applicant intends to be registered;

(3)

Possess or have access to standards of weights and measures and testing equipment that are:

(a)

Appropriate in design and adequate in amount to provide the services for which the applicant is requesting registration; and

(b)

Certified by a NIST-approved State metrology laboratory; and

(4)

Pay the certificate of registration fee, as outlined in Regulation .07 of this chapter.

Instead of requiring the examination specified under §A of this regulation, the Department may accept scores obtained on other State or industry association-approved examinations.

Registered Service Agency. An applicant seeking to become a registered service agency shall meet the qualifications set forth in §A(3) and (4) of this regulation.

Regulation .05 Notice of Pass or Fail.Link Copy Citation

The Department shall notify the applicant of the examination results for each type of weighing and measuring device for which the applicant tested.

An applicant who fails and wants to retake an examination shall pay a $25 reexamination fee.

Regulation .06 Additional Examinations following Certification.Link Copy Citation

A service technician possessing a current certificate of registration from the Department may take additional examinations for other types of weighing and measuring devices. The certified service technician shall submit to the Department, before the testing date, a $25 examination fee in the form of a check or money order.

Regulation .07 Certificate of Registration Fee.Link Copy Citation

The Department shall issue a certificate of registration to a qualified person under Regulation .04 of this chapter, upon receipt of the appropriate fee specified in §B of this regulation.

A qualified person seeking a certificate of registration shall pay to the Department one of the following fees for the appropriate type of registration for which certification is sought:

(1)

$75 for a service technician certificate; or

(2)

$250 for a service agency certificate.

A service agency is exempt from paying a registration fee if it is:

(1)

A business employing service technicians to install, place into service, adjust, repair, or service weights or measures that are owned or operated by the business, and used by that business only; or

(2)

An agency within State or county government engaged in the installation, placing into service, adjusting, repairing, or servicing of weights or measures owned or operated by a State or county government.

A service technician who is employed by a service agency that meets the exemption requirements of §C(1) or (2) of this regulation is exempt from paying the registration renewal fee normally required of a service technician.

Regulation .08 Registration Renewal.Link Copy Citation

A registration expires on September 30 of the second year after the date issued.

The Department shall renew without penalty a registration which has lapsed for less than 3 months.

The Department shall renew a registration which has lapsed for 3 months or more only after the applicant meets the qualifications outlined in Regulation .04 of this chapter.

A service agency or service technician shall notify the Department in writing of any change in the registrant's name or address within 60 days after the change.

Regulation .09 Report Forms.Link Copy Citation

Within 5 days after a device is serviced, restored to service, or placed into service, a registered service technician or registered service agency shall notify and provide to the Department the following information:

Name and address of service agency, service technician, or both;

Location of device; and

Make and model of device.

Regulation .10 Examination of Testing Equipment.Link Copy Citation

At least once every two calendar years, each registered service agency and registered service technician shall submit for examination and certification all standards, except for those noted in §B of this regulation, that are used or intended to be used for servicing and testing commercial weighing and measuring devices for which competence is registered to one of the following locations:

(1)

The Department;

(2)

NIST; or

(3)

A NIST-approved out-of-State weights and measures laboratory.

Once every calendar year, each registered service agency and registered service technician shall submit for examination and certification the following standards that are used or intended to be used for servicing and testing commercial weighing or measuring devices for which competence is registered to one of the locations referenced in §A of this regulation:

(1)

Cast iron hand weights;

(2)

Self-propelled weight carts; and

(3)

Five-gallon test measures.

If a registered service agency or registered service technician submits standards to NIST or a NIST-approved out-of State weights and measures laboratory, as described in §§A and B of this regulation, the service agency or service technician within 30 days shall provide the Department a copy of the current certification of all standards used in the repair, service, or testing of weighing or measuring devices in Maryland.

A registered service agency or registered service technician may not use, in servicing commercial weighing or measuring devices, any standards that have not been certified by a NIST-approved State metrology laboratory. A registered service agency or service technician immediately shall submit to a NIST-approved laboratory for recertification a damaged standard.

A registered service agency or registered service technician that places into service a scale with a capacity in excess of 40,000 pounds shall have test weights that are:

(1)

Certified by one of the three locations outlined in §A of this regulation; and

(2)

Equal to a minimum of 12.5 percent of the scale's nominal capacity, or 10,000 pounds, whichever is greater.

Regulation .11 Record-Keeping Requirements.Link Copy Citation

Report Forms. Each service technician or service agency seeking registration with the Department shall submit, with the application for certificate of registration, a report form for approval by the Department. There is no specific format for the requested information, which shall include:

(1)

Name and address of service agency, service technician, or both;

(2)

Name and address of device owner;

(3)

Location of device;

(4)

Date of service;

(5)

Make, model, and serial number of device;

(6)

NTEP certificate of conformance number for any device manufactured after October 1992;

(7)

Adjustments made and results of testing; and

(8)

Signature of service technician.

A registered person shall make available for inspection, at the Department's request, the information required in §A of this regulation.

A registered service technician or registered service agency shall keep report forms for at least 24 months.

Regulation .12 Denial, Revocation, or Suspension of Application or Registration.Link Copy Citation

For good cause or for a violation of this chapter, the Secretary may deny an application for renewal of registration, or revoke or suspend the current registration, of any service technician or service agency:

Upon reasonable notice to an applicant; and

After an opportunity for a hearing.

Regulation .13 Publishing of Registrant Lists.Link Copy Citation

The Secretary upon request shall publish or provide lists of registered service technicians and registered service agencies.

Chapter 12. Biodiesel Motor Blend Fuel Registration for a Weighing and Measuring Device

Regulation .01 Scope and Purpose.Link Copy Citation

This chapter describes the Department’s exemption, allowed only to certain organizations that distribute biodiesel blend fuel to its members only, and not to the general public, that permits the limited use of a commercial measuring device that does not meet the technical requirements of Handbook 44 of the National Institute of Standards and Technology.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Biodiesel” means a renewable, biodegradable fuel that is manufactured from vegetable oils, animal fats, or recycled grease.

(2)

“Biodiesel blend” means a motor fuel comprised of a minimum of 20 percent biodiesel fuel.

(3)

“Department” means Maryland Department of Agriculture.

(4)

“Device” means any weighing or measuring instrument or meter used for measuring the amount of fuel distributed by an organization.

Regulation .03 Application and Qualifications for Certification.Link Copy Citation

An organization requesting registration of a device shall make application to the Department on a Departmental form, pay any fee required by this chapter, and include the following information:

(1)

Name of the applicant;

(2)

Business address of the applicant;

(3)

Whether the applicant has ever had a registration or license suspended or revoked by the Department; and

(4)

Any other information the Department considers necessary to determine the qualifications of the applicant.

In addition to the above, the organization shall certify to the Department that it meets all of the following conditions:

(1)

That the organization is organized under Corporations and Associations Article, Title 5, Subtitle 5A, Annotated Code of Maryland, or organized as another entity approved by the Department;

(2)

That the biodiesel blend is not commercially available in the market area where the device is located;

(3)

That the device is accurate and free of error;

(4)

That the device is constructed so that it is permanent in its adjustments and repeats its indications correctly;

(5)

That the device does not facilitate the perpetration of fraud;

(6)

That the device will only be used to dispense biodiesel blend fuel for use by active fully paid members of the organization, and that all fees and fuel prices are the same for all members;

(7)

That the organization does not advertise, publicize, or otherwise disseminate information to the public indicating the unit pricing of the biodiesel blend fuel;

(8)

That the organization does not have more than 60 members who purchase biodiesel blend fuel;

(9)

That no more than 30,000 gallons of biodiesel blend fuel shall be dispensed annually;

(10)

That the device is clearly marked to indicate that it is not legal for trade and is restricted to members of the organization;

(11)

That the organization is in compliance with all other applicable State and federal requirements relating to the biodiesel blend fueling facility;

(12)

That the organization grants permission to the Department to inspect the device, any records required by this chapter, and the biodiesel blend fuel facility;

(13)

That the organization purchases biodiesel blend fuel only from persons who are legally licensed to distribute fuel in Maryland; and

(14)

That the organization acknowledges and agrees that its registration may be denied, revoked, or suspended by the Department as provided by Regulation .07 of this chapter.

Regulation .04 Certification of Registration Fee.Link Copy Citation

The Department shall issue a certification of registration for a device to any qualifying organization under this chapter upon payment of the fee specified in §B of this regulation.

The fees for registration are:

(1)

$50 for each business location; and

(2)

$12.50 per meter.

Regulation .05 Annual Registration Renewals.Link Copy Citation

A registration expires on May 31st each year after the date issued.

An organization may renew a registration as described by Regulation .03 of this chapter and upon payment of a fee as specified in Regulation .04B of this chapter.

Regulation .06 Record-Keeping Requirements.Link Copy Citation

Any organization whose device is certified for registration under this chapter shall keep for 3 years the following records and make them available to the Department upon request:

Copies of any bills of lading and delivery tickets for any biodiesel blend fuel acquired by the organization;

The name of each member of the organization who acquired biodiesel blend fuel during each calendar year; and

The total amount of biodiesel blend fuel dispensed each calendar year by the organization.

Regulation .07 Denial, Revocation, and Suspension of Application of Registration.Link Copy Citation

The Department may deny an application for renewal, or revoke or suspend the current registration of any device:

(1)

For operating without a current registration for the device;

(2)

For any violation of this chapter, including providing false information to the Department or any violation of any certification by the organization to the Department under Regulation .03 of this chapter; or

(3)

If the Department determines that the biodiesel blend fuel is commercially available in the market area where the device is located.

Before the Department takes any action under this regulation, the organization shall be given reasonable notice and the opportunity to be heard.

Title 15 — Subtitle 03. Weights and Measures

Chapter 01. Commercial Weighing and Measuring Devices and Procedures for Testing Packaged Goods

Regulation .01 Specifications, Tolerances, and Technical Requirements for Commercial Weighing and Measuring Devices.LinkCopy Citation

Regulation .02 Procedures for Testing the Net Contents of Packaged Goods.LinkCopy Citation

Chapter 02. Packaging and Labeling

Regulation .01 Incorporation by Reference.LinkCopy Citation

Chapter 03. Method of Sale of Commodities

Regulation .01 Application.LinkCopy Citation

Regulation .02 All Commodities.LinkCopy Citation

Regulation .03 Sale from Bulk.LinkCopy Citation

Regulation .04 Food Products.LinkCopy Citation

Regulation .05 Nonfood Products.LinkCopy Citation

Regulation .06 Home Food or Nonfood Service Plan Sales.LinkCopy Citation

Chapter 04. Farm Milk Tanks

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Specifications.LinkCopy Citation

Regulation .04 Repealed.LinkCopy Citation

Regulation .05 Tolerances.LinkCopy Citation

Regulation .06 Storage of Gauge Rod.LinkCopy Citation

Chapter 05. Receiving, Weighing, Sampling and Testing of Milk or Other Fluid Dairy Products

Regulation .01 Definitions.LinkCopy Citation

Regulation .02 Permits, Licenses and Fees.LinkCopy Citation

Regulation .03 Equipment.LinkCopy Citation

Regulation .04 Manner of Testing for Milk Fat Content.LinkCopy Citation

Regulation .05 Samples.LinkCopy Citation

Regulation .06 Correct Weight, Measure and Test.LinkCopy Citation

Regulation .07 Producer Receipts and Records.LinkCopy Citation

Regulation .08 Agreement with Other States.LinkCopy Citation

Chapter 06. Calibration and Operation of Automated Testing Equipment Used to Determine Fat Content of Raw Unhomogenized Milk

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Application.LinkCopy Citation

Regulation .03 Authority.LinkCopy Citation

Regulation .04 Definitions.LinkCopy Citation

Regulation .05 Licensing Requirements.LinkCopy Citation

Regulation .06 Calibration of Equipment.LinkCopy Citation

Regulation .07 Operating Procedures.LinkCopy Citation

Regulation .08 Use of Automated Testing Equipment to Determine the Basis of Payment to Producers.LinkCopy Citation

Regulation .09 Inspection.LinkCopy Citation

Chapter 07. Fees Charged to Test Standards and Other Equipment Used by Technicians

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Cast Iron and Steel Weights — NIST Class F/ASTM Class 5,6,7.LinkCopy Citation

Regulation .03 Test Weight Sets— NIST Class F/ASTM Class 5,6,7.LinkCopy Citation

Regulation .04 Other Weighing Services — NIST Class F/ASTM Class 5,6,7LinkCopy Citation

Regulation .05 Equipment Refurbishing.LinkCopy Citation

Regulation .06 Weight-Moving Equipment for Vehicle Scales.LinkCopy Citation

Regulation .07 Mass Laboratory Standards.LinkCopy Citation

Regulation .08 Other Services Related to Laboratory Standards of Mass.LinkCopy Citation

Regulation .09 Volumetric Field Standards—Volume Transfer.LinkCopy Citation

Regulation .10 Other Volumetric Calibrations—Volume Transfer.LinkCopy Citation

Regulation .11 Volumetric Laboratory Standards—Gravimetric.LinkCopy Citation

Regulation .12 Other Volumetric Calibrations—Gravimetric.LinkCopy Citation

Regulation .13 Thermometry and Calibration Services.LinkCopy Citation

Regulation .14 Environmental Chamber Services.LinkCopy Citation

Regulation .15 Linear Measures Testing.LinkCopy Citation

Chapter 08. Registration of Commercial Weighing and Measuring Devices

Regulation .01 Definitions.LinkCopy Citation

Regulation .02 Registration Requirement.LinkCopy Citation

Regulation .03 Application and Renewal Procedure.LinkCopy Citation

Regulation .04 Registration Terms and Conditions.LinkCopy Citation

Regulation .05 Fees for Classes of Weights and Measures.LinkCopy Citation

Regulation .06 Registration Denial, Suspension, or Revocation.LinkCopy Citation

Regulation .07 Criminal Penalty; Stop Use Order.LinkCopy Citation

Chapter 09. Approval and Type Evaluation Requirements

Regulation .01 Definitions.LinkCopy Citation

Regulation .02 Approval and Certificate Requirements.LinkCopy Citation

Regulation .03 Type Evaluation.LinkCopy Citation

Regulation .04 Denying or Revoking Approval.LinkCopy Citation

Regulation .05 Fees.LinkCopy Citation

Chapter 10. Civil Penalty Standards for Weights and Measures

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Assessment of Civil Penalty.LinkCopy Citation

Regulation .03 Classification of Violations for the Purpose of Determining Penalties.LinkCopy Citation

Regulation .04 Payment of Penalty.LinkCopy Citation

Regulation .05 Appeal.LinkCopy Citation

Chapter 11. Qualifications for Registration of a Service Technician and Service Agency

Regulation .01 Scope and Purpose.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Application.LinkCopy Citation

Regulation .04 Qualifications for Registration.LinkCopy Citation

Regulation .01 Specifications, Tolerances, and Technical Requirements for Commercial Weighing and Measuring Devices.Link Copy Citation

Regulation .02 Procedures for Testing the Net Contents of Packaged Goods.Link Copy Citation

Regulation .01 Incorporation by Reference.Link Copy Citation

Regulation .01 Application.Link Copy Citation

Regulation .02 All Commodities.Link Copy Citation

Regulation .03 Sale from Bulk.Link Copy Citation

Regulation .04 Food Products.Link Copy Citation

Regulation .05 Nonfood Products.Link Copy Citation

Regulation .06 Home Food or Nonfood Service Plan Sales.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Specifications.Link Copy Citation

Regulation .04 Repealed.Link Copy Citation

Regulation .05 Tolerances.Link Copy Citation

Regulation .06 Storage of Gauge Rod.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 Permits, Licenses and Fees.Link Copy Citation

Regulation .03 Equipment.Link Copy Citation

Regulation .04 Manner of Testing for Milk Fat Content.Link Copy Citation

Regulation .05 Samples.Link Copy Citation

Regulation .06 Correct Weight, Measure and Test.Link Copy Citation

Regulation .07 Producer Receipts and Records.Link Copy Citation

Regulation .08 Agreement with Other States.Link Copy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Application.Link Copy Citation

Regulation .03 Authority.Link Copy Citation

Regulation .04 Definitions.Link Copy Citation

Regulation .05 Licensing Requirements.Link Copy Citation

Regulation .06 Calibration of Equipment.Link Copy Citation

Regulation .07 Operating Procedures.Link Copy Citation

Regulation .08 Use of Automated Testing Equipment to Determine the Basis of Payment to Producers.Link Copy Citation

Regulation .09 Inspection.Link Copy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Cast Iron and Steel Weights — NIST Class F/ASTM Class 5,6,7.Link Copy Citation

Regulation .03 Test Weight Sets— NIST Class F/ASTM Class 5,6,7.Link Copy Citation

Regulation .04 Other Weighing Services — NIST Class F/ASTM Class 5,6,7Link Copy Citation

Regulation .05 Equipment Refurbishing.Link Copy Citation

Regulation .06 Weight-Moving Equipment for Vehicle Scales.Link Copy Citation

Regulation .07 Mass Laboratory Standards.Link Copy Citation

Regulation .08 Other Services Related to Laboratory Standards of Mass.Link Copy Citation

Regulation .09 Volumetric Field Standards—Volume Transfer.Link Copy Citation

Regulation .10 Other Volumetric Calibrations—Volume Transfer.Link Copy Citation

Regulation .11 Volumetric Laboratory Standards—Gravimetric.Link Copy Citation

Regulation .12 Other Volumetric Calibrations—Gravimetric.Link Copy Citation

Regulation .13 Thermometry and Calibration Services.Link Copy Citation

Regulation .14 Environmental Chamber Services.Link Copy Citation

Regulation .15 Linear Measures Testing.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 Registration Requirement.Link Copy Citation

Regulation .03 Application and Renewal Procedure.Link Copy Citation

Regulation .04 Registration Terms and Conditions.Link Copy Citation

Regulation .05 Fees for Classes of Weights and Measures.Link Copy Citation

Regulation .06 Registration Denial, Suspension, or Revocation.Link Copy Citation

Regulation .07 Criminal Penalty; Stop Use Order.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 Approval and Certificate Requirements.Link Copy Citation

Regulation .03 Type Evaluation.Link Copy Citation

Regulation .04 Denying or Revoking Approval.Link Copy Citation

Regulation .05 Fees.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Assessment of Civil Penalty.Link Copy Citation

Regulation .03 Classification of Violations for the Purpose of Determining Penalties.Link Copy Citation

Regulation .04 Payment of Penalty.Link Copy Citation

Regulation .05 Appeal.Link Copy Citation

Regulation .01 Scope and Purpose.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Application.Link Copy Citation

Regulation .04 Qualifications for Registration.Link Copy Citation

Regulation .05 Notice of Pass or Fail.Link Copy Citation

Regulation .06 Additional Examinations following Certification.Link Copy Citation

Regulation .07 Certificate of Registration Fee.Link Copy Citation

Regulation .08 Registration Renewal.Link Copy Citation

Regulation .09 Report Forms.Link Copy Citation

Regulation .10 Examination of Testing Equipment.Link Copy Citation

Regulation .11 Record-Keeping Requirements.Link Copy Citation

Regulation .12 Denial, Revocation, or Suspension of Application or Registration.Link Copy Citation

Regulation .13 Publishing of Registrant Lists.Link Copy Citation

Regulation .01 Scope and Purpose.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Application and Qualifications for Certification.Link Copy Citation