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10.15.09.00.htm 10.15.09.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 15 FOOD Chapter 09 Production, Processing, Transportation, Storage, and Distribution of Manufactured Grade Milk 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
10.15.09.01.htm 10.15.09.01. 01 Scope.. A. In accordance with Health-General Article, Title 21, Subtitle 4, Annotated Code of Maryland, this chapter:1) Governs permits for the sale of milk for manufacturing processes;. 2) Describes the requirement for a permit for the sale of milk for manufacturing purposes; and. 3) Regulates the inspection of manufactured grade dairy farms and milk facilities that produce, process, transport, store, or distribute manufactured grade milk or milk products.
10.15.09.02.htm 10.15.09.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “3-A Sanitary Standards” means the standards for dairy equipment and accepted practices formulated by the 3-A Sanitary Standards Committee representing the:a) American Dairy Products Institute;. b) International Dairy Foods Association;. c) Food Processing Suppliers Association; and. d) International Association for Food Protection..
10.15.09.03.htm 10.15.09.03. 03 Incorporation by Reference.. In this chapter the following documents are incorporated by reference:. A. Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §321―350f, as amended;. B. Nutrition Labeling and Education Act of 1990 (Public Law 101-535) as amended;. C. Bulk Milk Hauler/Sampler Manual, 2016 (Center for Milk & Dairy Product Safety, Office of Food Protection, Maryland Department of Health) which has been incorporated by reference in COMAR 10.15.06.0D. Maryland Laboratory Ev
10.15.09.04.htm 10.15.09.04. 04 General Requirements.. A. The Department shall ensure that all inspections, sampling, testing, and enforcement actions performed by the State are carried out as set forth in and in compliance with the standards, requirements, and procedures specified at:1) Health-General Article, Title 21, Annotated Code of Maryland;. 2) Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §321―350f;. 3) Nutrition Labeling and Education Act of 1990 (Public Law 101-535).
10.15.09.05.htm 10.15.09.05. 05 Permits Required.. 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) Be a:. a) Bobtailer;. b) Bulk milk hauler/sampler;. c) Certified industry dairy farm inspector;. d) Milk processor;. e) Milk producer; or. f) Seasonal milk producer; or. 2) Operate a:. a) Distribution station;.
10.15.09.06.htm 10.15.09.06. 06 Permitting Process.. 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) Bring, send, or receive a milk product into the State for sale;. 2) Offer a milk product for sale;. 3) Give away a milk product;. 4) Store a milk product;. 5) Transport a milk product; or. 6) Collect official milk samples.. B. Per Health-General Article, §21-411, 21-412 and
10.15.09.07.htm 10.15.09.07. 07 Sale of Raw Milk.. A. Under Health-General Article, §21-434, Annotated Code of Maryland, a person may not sell or give away raw milk for human consumption.B. A permitted milk producer may sell raw milk from the milk producer’s dairy farm only to a permitted:1) Receiving station;. 2) Transfer station;. 3) Milk plant; or. 4) Milk marketing agency..
10.15.09.08.htm 10.15.09.08. 08 Standards for Milk for Manufacturing Purposes.. A. The individual in charge of an official laboratory or officially designated laboratory shall ensure that:1) The laboratory is operated according to the requirements established by the Maryland Laboratory Evaluation Program Manual; and2) Testing required for raw milk for pasteurization, pasteurized milk products, and dairy product containers and lids is performed according to the requirements established by
10.15.09.09.htm 10.15.09.09. 09 Inspection and Evaluation of Milk Production, Milk Processing, and Milk Transportation.. A. Under the standards set forth in Section 5 of the Grade “A” Pasteurized Milk Ordinance, the Secretary shall inspect a:1) Milk plant;. 2) Milk producer;. 3) Milk tank truck;. 4) Milk tank truck cleaning facility;. 5) Receiving station;. 6) Seasonal milk producer; and. 7) Transfer station.. B. The Secretary shall inspect a distribution station at least once every 6 months..
10.15.09.10.htm 10.15.09.10. 10 Sampling and Evaluation.. A. The following individuals may collect official samples:. 1) A dairy plant sampler;. 2) An industry plant sampler;. 3) A bulk milk hauler/sampler; and. 4) A certified Industry Dairy Farm Inspector.. B. An individual collecting official milk samples shall collect samples in accordance with the Grade “A” Pasteurized Milk Ordinance, Section 6 and Appendix B.C. The Secretary shall evaluate the sampling and examination procedures of
10.15.09.11.htm 10.15.09.11. 11 Additional Requirements for Transporting of Manufactured Grade Milk.. A. A bulk milk hauler/sampler shall:. 1) Carry a bulk milk hauler’s permit when operating a milk tank truck, except when a raw milk producer is hauling raw milk from the producer’s farm only to the milk processing plant;2) Ensure that no interval greater than 2 hours elapses between milk pick-ups from farm to farm, and no more than 24 hours elapses from the first pick-up to delivery of the ra
10.15.09.12.htm 10.15.09.12. 12 Improper Handling of Milk Products.. A. Under Health-General Article, §21-428, Annotated Code of Maryland, the Secretary shall impound improperly handled milk or milk products that are intended for human consumption.B. After impounding the milk or milk product, the Secretary may issue an order requiring one or more of the following actions:1) Disposing of the milk or milk product;. 2) Making the milk or milk product unusable for consumption; or. 3) Under Health-General A
10.15.09.13.htm 10.15.09.13. 13 Labeling.. A. A permittee shall ensure that milk product labels conform to the standards and requirements established by:1) The Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §341―350f;. 2) The Nutrition Labeling and Education Act of 1990 (Public Law 101-535). 3) 21 CFR Parts 101, 130, 131, 133, and 170§189;. 4) The Grade “A” Pasteurized Milk Ordinance Section 4; and. 5) Health-General Article, §21-422, 21-424, and 21-425, Annotated Code of Maryland.. B. A milk processor shall
10.15.09.14.htm 10.15.09.14. 14 Animal Health.. All raw milk and milk products produced, processed, packaged, and stored under this chapter shall meet the Animal Health requirements as set forth in the Grade “A” Pasteurized Milk Ordinance, Section 8.
10.15.09.15.htm 10.15.09.15. 15 Dairy Farm Construction and Plan Submission.. Pursuant to the standards set forth in the Grade “A” Pasteurized Milk Ordinance, Section 12, for construction, reconstruction, or extensive alteration of a dairy farm, a person shall submit to the Department:A. A plan and specifications before:. 1) Constructing or reconstructing a:. a) Milk house;. b) Milking barn;. c) Milking stable; or. d) Milking parlor;. 2) Converting or remodeling an existing building or structure for use as a:.
10.15.09.16.htm 10.15.09.16. 16 Dairy Farm Requirements.. A. The inspection area for a dairy farm includes the:. 1) Adjacent storage areas;. 2) Cow yard and cattle housing areas;. 3) Milk house;. 4) Milking barn, stable, or parlor;. 5) Surrounding area;. 6) Waste disposal areas; and. 7) Water supply and its distribution system.. B. A milk producer shall ensure that:. 1) Construction of all equipment, milking barns, stables, parlors, milk houses, and each animal housing area complies with th
10.15.09.17.htm 10.15.09.17. 17 Milk Facility Construction and Plan Submission.. Pursuant to the standards set forth in the Grade “A” Pasteurized Milk Ordinance, Section 12 for construction, reconstruction, or extensive alteration of a milk facility, a person shall submit to the Department:A. A plan and specifications before:. 1) Constructing, reconstructing, or extensively altering a milk facility;. 2) Converting or remodeling an existing building or structure for use as a milk facility;.
10.15.09.18.htm 10.15.09.18. 18 Milk Physical Plant Requirements.. A. Water used at the facility shall:. 1) Be obtained from a potable water supply system that complies with:. a) Environment Article, Title 9, Annotated Code of Maryland;. b) COMAR 26.04.04; and. c) The Grade “A” Pasteurized Milk Ordinance;. 2) Be installed in a manner that prevents backflow or back-siphoning;. 3) Be separate from a nonpotable water supply system so that nonpotable water can be drawn or discharged into the potable wat
10.15.09.19.htm 10.15.09.19. 19 Plan Review Approval.. A. An applicant may not construct, reconstruct, or extensively alter a plant without prior plan approval from the Department.B. An applicant for a permit shall submit a plan to the Department that includes the requirements set forth in:1) Regulations .15 and .16 of this chapter for a dairy farm permit; or. 2) Regulations .17 and .18 of this chapter for a milk facilities permit.. C. The Department shall:. 1) Review the plan submitted under this regulation
10.15.09.20.htm 10.15.09.20. 20 Confidentiality.. The Department shall maintain confidentiality of records submitted by a person in accordance with General Provisions Article, §4-335, Annotated Code of Maryland.
10.15.09.21.htm 10.15.09.21. 21 Suspension and Revocation of Permits.. A. When a permittee is found in violation of this chapter and the Grade “A” Pasteurized Milk Ordinance, the Secretary may suspend or revoke a permit as set forth in this regulation and Health-General Article, §21-211, 21-418, or 21-419, Annotated Code of Maryland, or the Grade “A” Pasteurized Milk Ordinance.B. Except as otherwise provided in this regulation, before suspending a permit, the Secretary shall give to the permittee not
10.15.09.22.htm 10.15.09.22. 22 Appeals Process.. In accordance with the Administrative Procedures Act and Health-General Article, §21-419, Annotated Code of Maryland, the Department shall ensure that an opportunity for a hearing is provided to a permittee whose plan review or permit has been:A. Denied;. B. Suspended; or. C. Revoked..
10.15.09.9999.htm 10.15.09.9999. Administrative History 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)
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