“Department” means Maryland Department of Agriculture. “Secretary” means the Secretary of Agriculture or the Secretary’s designee. Receiving Station Permits. 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. 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. Permit Fees. 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. Fee Determination. Stationary Receiving Stations. Receiving milk and other fluid dairy products not exceeding 2000 pounds daily—$5 Receiving milk and other fluid dairy products exceeding 2000 pounds, but not exceeding 40,000 pounds daily—$10 Receiving milk and other fluid dairy products exceeding 40,000 pounds daily—$25 Mobile Receiving Stations. Total capacity not exceeding 5000 gallons—$10 Total capacity exceeding 5000 gallons—$25 Posting Permits. Stationary receiving station permits shall be conspicuously posted at the receiving station for which they are issued. 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. 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. 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. 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. Farm Milk Tank Calibrator. 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. 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. 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. Fees for Examination and License. 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. 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. 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. 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. 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. 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. 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. Thereafter, shaking will be avoided and held to a minimum upon the addition of the subsequent proportionate amounts of representative samples to prevent: Depositing cream on the walls of the container above the level of the sample; and Churning the sample. 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. 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. 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. All cream shall be uniformly and thoroughly stirred before sampling. A permanent record shall be made of each producer's cream and the record shall show the: Date; Name or number of the producer; Quantity of cream, in pounds; and Test results. The person sampling the cream and keeping the required records shall be licensed by the Secretary in accordance with these regulations. 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. 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: To 9 grams of cream, add sufficient sulphuric acid (specific gravity 1.82-1.83) to produce a dark chocolate brown color; 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; Centrifuge the material for 5 minutes, add water to bring the fat completely up into the neck of the bottle; 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. 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. 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. 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. 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. 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. 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. Agriculture Article, §11-402, Annotated Code of Maryland Effective date: October 1, 1965