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Section 21-410 – Permit Required; Exceptions; Classifications of Permits

    (a)    Except as otherwise provided in this section, a person shall obtain a permit with a Grade A or a manufactured grade classification from the Secretary before that person may:         (1)    Bring, send, or receive a milk product into this State for sale;         (2)    Offer a milk product for sale;         (3)    Give a milk product away;         (4)    Store a milk […]

Section 21-411 – Qualifications of Applicants

    (a)    To qualify for a permit, a person shall comply with the requirements of this subtitle and the rules and regulations adopted under this subtitle.     (b)    In addition to the requirements of subsection (a) of this section, to qualify for a certified industry dairy farm inspector permit or a bulk milk hauler/sampler permit, Grade A classification, the […]

Section 21-412 – Applications for Permits

    An applicant for a permit shall:         (1)    Submit an application to the Secretary on the form that the Secretary provides; and         (2)    Pay to the Secretary an annual fee established by the Secretary under § 2-104 of this article.

Section 21-413 – Required Inspections

    (a)    If the property of the applicant is in the departmental inspection area, before issuing a permit, the Secretary shall inspect the property, buildings, and equipment of an applicant for:         (1)    A bobtailer permit;         (2)    A distribution station permit;         (3)    A milk processor permit;         (4)    A milk processor – farmstead cheese producer permit;         (5)    A milk producer permit;         (6)    A milk transportation […]

Section 21-414 – Certified Industry Dairy Farm Inspectors

    (a)    The Secretary shall certify industry personnel as certified industry dairy farm inspectors.     (b)    Each certified industry dairy farm inspector shall cooperate with the Secretary in carrying out the provisions of this subtitle and the rules and regulations adopted under this subtitle for the supervision of dairy farms.     (c)    A certified industry dairy farm inspector may inspect a […]

Section 21-415 – Issuance of Permit

    (a)    The Secretary shall issue the appropriate permit to any applicant who meets the requirements of this subtitle and the rules and regulations adopted under this subtitle for that permit.     (b)    A separate permit shall be issued for each place of operation that meets the requirements of this subtitle.

Section 21-416 – Scope of Permits

    (a)    While it is effective, a bobtailer permit authorizes the holder, on a Grade A milk route that the holder operates or controls, to distribute Grade A pasteurized milk products that the holder purchased from a Grade A distributor or a Grade A milk processor.     (b)    While it is effective, a certified industry dairy farm inspector permit […]

Section 21-416.1 – Farmstead Cheese Program

    (a)    The Secretary may establish a farmstead cheese program after the Secretary:         (1)    Adopts regulations to implement the program; and         (2)    Issues a milk processor – farmstead cheese producer permit to a qualified applicant.     (b)    Subject to the availability of sufficient inspection and testing staff, equipment, and other resources, the Secretary may issue milk processor – farmstead cheese producer […]

Section 21-417 – Term, Renewal, and Nontransferability of Permits

    (a)    (1)    Except for a milk producer permit, a permit expires on the first anniversary of its effective date, unless the permit is renewed for a 1–year term as provided in this section.         (2)    A milk producer permit does not expire.     (b)    Except for a milk processor – farmstead cheese producer permit, before the permit expires, its holder may […]

Section 21-418 – Suspension and Revocation of Permits

    (a)    Subject to the hearing provisions of § 21-419 of this subtitle, the Secretary shall suspend a permit issued under this subtitle if:         (1)    The holder of the permit has obtained the permit fraudulently or deceptively;         (2)    The holder of the permit has violated this subtitle or a rule or regulation adopted under this subtitle;         (3)    A violation of […]

Section 21-419 – Hearings

    (a)    Except as otherwise provided in this subtitle and in the Administrative Procedure Act, before the Secretary denies an application for a permit or takes any action under § 21–418 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.     (b)    Except as otherwise […]