1. A. Under 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 that person may:

   1. (1) Be a:

      1. (a) Bobtailer;
      2. (b) Bulk milk hauler/sampler;
      3. (c) Certified industry dairy farm inspector;
      4. (d) Milk processor;
      5. (e) Milk producer; or
      6. (f) Seasonal milk producer; or

   2. (2) Operate a:

      1. (a) Distribution station;
      2. (b) Milk tank truck cleaning facility;
      3. (c) Milk transportation company;
      4. (d) Receiving station; or
      5. (e) Transfer station.
2. B. Under 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 for a milk tank truck.

3. C. Decals.

   1. (1) When issued a permit, a permittee shall supply and display a decal.

   2. (2) The permittee’s decal shall display the following at a height of at least 3 inches:

      1. (a) The milk tank truck Maryland permit number; and
      2. (b) The words “MD Milk Trans.” in a circle around the permit number.
   3. (3) The permittee’s decal shall be displayed on the rear tank of each milk tank truck.

4. D. Under Health-General Article, §21-410(c), Annotated Code of Maryland, 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 chapter;
   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. (a) The establishment complies with all applicable provisions of Health-General Article, Title 21, Subtitle 4, Annotated Code of Maryland, and all applicable rules or regulations; and
      2. (b) The milk product is received from a permittee; or
   4. (4) An individual who only transports milk in a sealed tanker to a milk plant.

Authority: Health-General Article, §§2-104, 2-105, 21-207, 21-208, 21-210, 21-211, 21-405, 21-406, 21-428, Annotated Code of Maryland

Effective date: April 10, 1995 (22:7 Md. R. 536)

Regulations .01—.20 repealed and new Regulations .01—.22 adopted effective May 20, 2019 (46:10 Md. R. 488)