1. A. Pursuant to Health-General Article, §21-428, Annotated Code of Maryland, the Department shall impound milk or a milk product intended for human consumption due to improper handling.

2. B. The Department may:

   1. (1) Issue an order to make the milk or milk product unusable for consumption before disposing of the milk or milk product; and
   2. (2) Impose a civil monetary penalty, as set forth in §C of this regulation.
3. C. The Department shall determine the amount of the civil monetary penalty by multiplying the volume of the milk listed on the shipping documents by the current milk price of the applicable market, as set by the Federal Milk Market Administrator on the date of the impounding.

4. D. A person subject to an impoundment order may seek legal recourse, as set forth in Health-General Article §21-428, Annotated Code of Maryland, by:

   1. (1) Appealing a civil penalty; or
   2. (2) Bringing an action for damages.

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)