1. A. Except as otherwise provided in Health-General Article, §§21-410 and 21-411, Annotated Code of Maryland, a person shall obtain a permit from the Secretary before that person may:

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

2. B. Per Health-General Article, §§21-411, 21-412 and 21-417, Annotated Code of Maryland, an applicant for a permit shall:

   1. (1) Submit a complete application to the Secretary for each place of operation on the form that the Secretary provides;
   2. (2) Pay to the Secretary an annual fee established by the Secretary under Health-General Article, §2-104, Annotated Code of Maryland, and COMAR 10.01.17; and
   3. (3) Be an employee of a milk transportation company, if applying for a Maryland Bulk Milk Hauler license, or be an owner of a milk transportation company, if applying for a Milk Transportation Company permit.

3. C. The Secretary shall issue a permit to an applicant who:

   1. (1) Submits a complete application; and
   2. (2) Meets the requirements of this chapter for each place of operation.

4. D. A permit issued by the Secretary:

   1. (1) Is not transferable; and
   2. (2) Is not valid if there is a change of owner, corporation, partnership, or physical location.

5. E. A bulk milk hauler/sampler who holds a permit in another state and picks up and samples raw milk at fewer than three Maryland farms shall obtain a Maryland milk hauler/sampler permit by providing:

   1. (1) Documentation of a current bulk hauler/sampler permit from the licensing state, which clearly states the permit expiration date;
   2. (2) Documentation of a current field evaluation from the licensing state; and
   3. (3) A statement concerning the number of Maryland dairy farms from which the bulk milk hauler/sampler will pick up.
6. F. A bulk milk hauler/sampler who holds a permit from another state may pick up and sample raw milk from no more than three Maryland farms without a Maryland field evaluation or written exam.
7. G. If a bulk milk hauler/sampler who holds a permit from another state routinely picks up and samples raw milk at three or more Maryland farms, a Maryland field evaluation shall be conducted.

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)