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10.15.06.00.htm 10.15.06.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 15 FOOD Chapter 06 Production, Processing, Transportation, Storage, and Distribution of Grade "A" Milk Authority: Health-General Article, §2-104, 2-105, 21-207, 21-208, 21-210, 21-211, 21-406, and 21-428, Annotated Code of Maryland
10.15.06.01.htm 10.15.06.01. 01 Scope.. This chapter:. A. Governs permits for the sale of Grade "A" milk and milk products, as set forth in Health-General Article, Title 21, Subtitle 4, Annotated Code of Maryland;B. Requires a permit for the sale of Grade "A" milk and milk products;. C. Regulates the inspection of Grade “A” dairy farms and milk facilities that produce, process, transport, store, or distribute Grade “A” milk or milk products; and1) Standards for Grade "A" milk and milk products;.
10.15.06.02.htm 10.15.06.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Bobtailer" means a person who operates or controls a Grade "A" milk route, and distributes Grade "A" pasteurized milk products that the person buys from a Grade "A" distributor or milk processor.2) "Bulk milk hauler/sampler" means a person who:. a) Collects official samples;. b) Transports raw milk from a farm or raw milk products to or from a milk plant, receiving station,
10.15.06.03.htm 10.15.06.03. 03 Incorporation by Reference.. In this chapter the following documents are incorporated by reference:. A. Grade “A” Pasteurized Milk Ordinance, 2015 Revision (U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration)B. Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §341―350f, as amended;. C. Nutrition Labeling and Education Act of 1990 (Public Law 101-535) as amended;. D. Bulk Milk Hauler/Sampler Manual, 2016 (Center f
10.15.06.04.htm 10.15.06.04. 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 at 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. §341―350f;. 3) Nutrition Labeling and Education Act of 1990 (Public Law 101-535).
10.15.06.05.htm 10.15.06.05. 05 Standards for Milk Products.. A. A permittee shall ensure that all raw milk for pasteurization and all pasteurized milk and milk products conform to the standards, requirements, and procedures established by the:1) Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §341―350f;. 2) Nutrition Labeling and Education Act of 1990 (Public Law 101-535). 3) Health-General Article, §21-422 and 21-434, Annotated Code of Maryland; and. 4) Grade "A" Pasteurized Milk Ordinance..
10.15.06.06.htm 10.15.06.06. 06 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) Grade A distribution station;.
10.15.06.07.htm 10.15.06.07. 07 Inspection and Evaluation of Milk Production and Transportation.. A. Under the standards set forth in the Grade "A" Pasteurized Milk Ordinance, the Secretary shall inspect:1) A milk tank truck;. 2) A milk producer;. 3) A seasonal milk producer;. 4) A transfer station;. 5) A milk tank truck cleaning facility;. 6) A milk plant; and. 7) A receiving station.. B. The Secretary shall inspect a seasonal milk producer before the first shipment of milk and at least every 6 months until p
10.15.06.08.htm 10.15.06.08. 08 Improper Handling of Milk Products.. A. Under Health-General Article, §21-428, Annotated Code of Maryland, and to the standards set forth in the Grade "A" Pasteurized Milk Ordinance, the Secretary shall impound Grade A milk or milk products intended for human consumption due to improper handling.B. After impounding the Grade A milk or milk product, the Secretary may issue an order to:. 1) Dispose of the milk or milk product;.
10.15.06.09.htm 10.15.06.09. 09 Labeling of Milk.. A permittee shall ensure that milk product labels conform to the standards and requirements established by the:A. Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §341―350f;. B. Nutrition Labeling and Education Act of 1990 (Public Law 101-535). C. Grade "A" Pasteurized Milk Ordinance; and. D. Health-General Article, §21-422, 21-424, and 21-425, Annotated Code of Maryland..
10.15.06.10.htm 10.15.06.10. 10 Dating of Grade “A” Fluid Milk.. A. Unless approved by the Department as described in §B of this regulation, a person may not sell, deliver, or offer Grade “A” milk or milk products that are cooled to, packaged, and stored at 45°F or less for sale after 18 days from the date of processing.B. In order to sell, deliver, or offer Grade “A” milk or milk products that are cooled to, packaged, and stored at 45°F or less for sale after 18 days from the date of process
10.15.06.11.htm 10.15.06.11. 11 Sale and Handling of Milk by Food Service Facilities.. A. Except as provided in §B of this regulation, a person may not offer Grade A fluid milk for sale beyond the sell-by date.B. The following establishments may use or serve Grade A fluid milk up to 4 days beyond the sell-by date:1) Food service facilities;. 2) Hospitals;. 3) Schools;. 4) Institutions; and. 5) Places where milk is consumed on the premises.. C. An establishment listed in §B of this regulatio
10.15.06.12.htm 10.15.06.12. 12 Sale of Raw Milk.. A. Under Health-General Article, §21-434, Annotated Code of Maryland, a person may not sell 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..
10.15.06.13.htm 10.15.06.13. 13 Dairy Farm Construction and Plan Submission.. Pursuant to the standards set forth in the Grade “A” Pasteurized Milk Ordinance, 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 milk house, milking barn, milking stable, or milking parlor;. 2) Converting or remodeling an existing building or structure for use as a milk house, milking barn,
10.15.06.14.htm 10.15.06.14. 14 Dairy Farm Requirements.. A milk producer shall ensure that:. A. Construction of all equipment, milking barns, stables, parlors, milk houses, and each animal housing area complies with the requirements of the Grade "A" Pasteurized Milk Ordinance and Regulation .13 of this chapter, as applicable;B. Water used at a dairy farm shall:. 1) Be obtained from a water supply system that complies with:. a) Environment Article, Title 9, Annotated Code of Maryland;. b) COMAR 26.04.04; and.
10.15.06.15.htm 10.15.06.15. 15 Milk Facility Construction and Plan Submission.. Under the standards set forth in the Grade "A" Pasteurized Milk Ordinance, for construction, reconstruction, or extensive alteration of a milk facility, a person shall submit to the Department:A. Plans 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;.
10.15.06.16.htm 10.15.06.16. 16 Milk Physical Plant Requirements.. A. Water used at a milk 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; and. 3) Be separate from a non-potable water supply system so that non-potable water cannot be drawn or discharged into the potabl
10.15.06.17.htm 10.15.06.17. 17 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 Regulations .13―16 of this chapter.C. The Department shall:. 1) Review the plan submitted under this regulation to ensure compliance with the requirements set forth in Regulations .13―16 of this chapter; and
10.15.06.18.htm 10.15.06.18. 18 Confidentiality.. The Department shall maintain confidentiality of records submitted by a person in accordance with General Provisions Article, §4-335, Annotated Code of Maryland.
10.15.06.19.htm 10.15.06.19. 19 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
10.15.06.20.htm 10.15.06.20. 20 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..
10.15.06.9999.htm 10.15.06.9999. Administrative History Effective date: July 1, 1972. Regulations .01 and .03A amended effective February 2, 1977 (4:3 Md. R. 145). Regulation .01AA, FF adopted effective August 25, 1978 (5:17 Md. R. 1330). Regulation .01-1 adopted effective February 12, 2007 (34:3 Md. R. 299). Regulation .01-2 adopted effective February 12, 2007 (34:3 Md. R. 299). Regulation .03A amended effective October 20, 1997 (24:21 Md. R. 1449).
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