1. A. Pursuant to Health-General Article, §§21-410 and 21-412, Annotated Code of Maryland, a person shall obtain a permit from the Department and pay the required fee, as specified in COMAR 10.01.17, to the Department before the person may be a:

   1. (1) Milk producer; or
   2. (2) Milk Processor — Farmstead Cheese Producer.
2. B. The Department may grant or deny a permit based on the criteria, as set forth in this chapter.

3. C. To qualify for a permit, an applicant shall:

   1. (1) Provide the Department with the plans and specifications set forth in Regulations .14, .15, and .16 of this chapter;
   2. (2) Submit an application to the Department on the forms that the Department provides; and
   3. (3) Pay the Department’s required permit fee, as specified in COMAR 10.01.17.

4. D. A permit:

   1. (1) Expires 1 year from the date of issuance;
   2. (2) May be renewed by a producer for a 1-year period upon the payment of the required fee, as specified in COMAR 10.01.17; and
   3. (3) May not be transferred from one person to another person or from one farmstead cheese facility to another.

5. E. Subject to the availability of sufficient inspection and testing staff, equipment, and other resources, the Department shall issue a permit entitled Milk Processor—Farmstead Cheese Producer:

   1. (1) To an applicant in accordance with Health-General Article, §§21-415 and 21-416.1, Annotated Code of Maryland; and
   2. (2) For the purpose of performing the specific process or processes to the specific milk or milk products as indicated on the plan review and permit applications.

Authority: Health-General Article, §§21-211, 21-234, 21-406, 21-416.1, 21-417, 21-418, 21-419,
21-428, 21-434, 21-252—21-256, 21-1202, 21-1203, and 21-1215, Annotated Code of Maryland

Effective date: May 4, 2009 (36:9 Md. R. 651)

Regulation .01A amended effective December 28, 2009 (36:25 Md. R. 1954)

Regulation .04 amended effective December 28, 2009 (36:25 Md. R. 1954)

Chapter revised effective March 28, 2016 (43:6 Md. R. 407)

Regulation .02B amended effective February 27, 2017 (44:4 Md. R. 254)

Regulation .03H amended effective February 27, 2017 (44:4 Md. R. 254); May 18, 2020 (47:10 Md. R. 517)