1. (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. (1) Bring, send, or receive a milk product into this State for sale;
   2. (2) Offer a milk product for sale;
   3. (3) Give a milk product away;
   4. (4) Store a milk product; or
   5. (5) Transport a milk product.

2. (b) A permit is required to:

   1. (1) Be a bobtailer;
   2. (2) Be a bulk milk hauler/sampler;
   3. (3) Be a certified industry dairy farm inspector;
   4. (4) Be a milk processor;
   5. (5) Be a milk processor--farmstead cheese producer;
   6. (6) Be a milk producer;
   7. (7) Operate a distribution station;
   8. (8) Operate a milk transportation company;
   9. (9) Operate a receiving station; or
   10. (10) Operate a transfer station.

3. (c) A permit is not required for:

   1. (1) A milk producer who is outside the departmental inspection area if the raw milk from that milk producer is processed by a milk processor who holds a permit issued under this subtitle;
   2. (2) A bulk milk hauler/sampler who receives raw milk from outside the departmental inspection area;

   3. (3) A grocery store, restaurant, soda fountain, or similar establishment where milk products are served or sold at retail if:

      1. (i) The establishment complies with all applicable provisions of this subtitle and all applicable rules or regulations adopted under this subtitle; and
      2. (ii) The milk product is received from a permit holder; or
   4. (4) A bulk milk hauler/sampler who is transporting a sealed tanker and not producers' samples.

4. (d) The Secretary shall designate all permits with one of the following classifications, as required by rules and regulations:

   1. (1) Grade A milk; or
   2. (2) Manufactured milk.

Added as Health-Environmental § 4-410 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Amended by Acts 1983, c. 94, § 1, eff. July 1, 1983; Acts 1983, c. 583, § 2, eff. July 1, 1983; Acts 1985, c. 10, § 3, eff. July 1, 1985. Transferred to Health-General § 21-410 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1989, c. 461, § 1, eff. July 1, 1989; Acts 2001, c. 477, § 1, eff. July 1, 2001; Acts 2007, c. 437, § 1, eff. Oct. 1, 2007; Acts 2009, c. 609, § 1, eff. Oct. 1, 2009; Acts 2009, c. 610, § 1, eff. Oct. 1, 2009.

Formerly Art. 43, § 572.